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SUTTON v. DAVENPORT

No. 312.

128 S.E.2d 16 (1962)

258 N.C. 27

Doris Baker SUTTON and Husband, Leon Sutton v. J. R. DAVENPORT and his Wife, Sybil S. Davenport and F. E. Wallace, Sr., Trustee for the University of North Carolina. Doris Baker SUTTON and Husband, Leon Sutton v. J. Keith WILLIAMS and his Wife, Louise L. Williams and F. E. Wallace, Sr., Trustee for the University of North Carolina.

Supreme Court of North Carolina.

October 31, 1962.

Attorney(s) appearing for the Case

Fred W. Harrison, Kinston, for petitioner appellants.

LaRoque & Allen, Wallace & Wallace, Sutton & Greene and Geo. B. Greene, Kinston, for defendant appellees.

RODMAN, Justice.

The proper way to present the question of estoppel is by answer setting out the facts, not by motion to dismiss for want of jurisdiction. Reid v. Holden, 242 N.C. 408, 88 S.E.2d 125. When, as here, facts are pleaded to estop a party from asserting a right, the sufficiency of the plea cannot be determined before the evidence supporting the plea is offered. Reid v. Holden, supra; Ransom...

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