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HOUSING AUTHORITY OF CITY OF WILSON v. WOOTEN

No. 243.

126 S.E.2d 101 (1962)

257 N.C. 358

HOUSING AUTHORITY OF the CITY OF WILSON v. W. L. WOOTEN and wife, Maude H. Wooten; O. Wayne Yelverton and wife, Vivian S. Yelverton; City of Wilson; Wilson County.

Supreme Court of North Carolina.

June 15, 1962.

Attorney(s) appearing for the Case

Finch, Narron, Holdford & Holdford, By Roy R. Holdford, Jr., Wilson, for respondents-appellants.

Lucas, Rand & Rose, By Naomi E. Morris, Wilson, for petitioner-appellee.

PARKER, Justice.

The basis of the Housing Authority's motion to strike Sections 1, 3, 6, 7, 8, 9, and 10 from respondents' further answer and defense contained in their amended answer is that the facts therein alleged constitute no legal defense to its special proceeding to condemn respondents' land. The stricken allegations are in substance a plea in bar that denies the Housing Authority's right to condemn their land, and which, if established, will destroy its right...

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