JONES v. SAUNDERS

No. 531.

119 S.E.2d 789 (1961)

254 N.C. 644

Myrtle JONES v. Maggie Beatrice Overman SAUNDERS and husband, Bryan Saunders.

Supreme Court of North Carolina.

May 10, 1961.


Attorney(s) appearing for the Case

Ottway Burton and Linwood T. Peoples, Asheboro, for plaintiff.

Coltrane & Gavin, Asheboro, and Donald L. Paschal, Siler City, for defendants.


MOORE, Justice.

In apt time defendant moved for nonsuit. As to the cause of action based on alleged nondelivery of the deed, the exception to the refusal to nonsuit is not assigned as error and has been abandoned. But as to the alternative cause of action alleging that the deed was procured by fraud and duress, the question of the sufficiency of the evidence is raised—Assignment of error No. 26. We do not approve the method used in preserving the exception...

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