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COBURN v. ROANOKE LAND AND TIMBER CORPORATION

No. 24.

130 S.E.2d 30 (1963)

259 N.C. 100

R. L. COBURN and wife, Martha H. Coburn v. ROANOKE LAND AND TIMBER CORPORATION et al.

Supreme Court of North Carolina.

March 20, 1963.

Attorney(s) appearing for the Case

R. L. Coburn and Griffin & Martin by R. L. Coburn, Williamston, for plaintiff appellants.

Pritchett & Cooke, Windsor, for J. W. Wells, Ruth Wells, B. H. Oates and Ruth Oates.

Peel & Peel, Williamston, and Bourne & Bourne by Henry C. Bourne, Tarboro, for Roanoke Land and Timber Corporation, Coastal Lumber Company and L. B. Blackmore.

RODMAN, Justice.

Among the deeds on which plaintiffs relied to support their claim of title was a deed executed in May 1879 by James E. Moore, commissioner, to John D. Biggs and Dennis Simmons. This deed recites that it was made pursuant to a decree of the Superior Court of Martin County in an action entitled John D. Biggs and Company v. A. F. Dupree. Plaintiffs in a hearing before the referee offered no evidence to support the recitals in the deed executed by Moore...

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