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WILSON v. HOYLE

No. 665.

139 S.E.2d 206 (1964)

263 N.C. 194

Sherman WILSON and wife, Earline Wilson, v. T. C. HOYLE, Jr., Trustee, Cameron-Brown Company, A. N. McCoy and wife, Ernestine McCoy, American Federal Savings & Loan Association, and J. Kenneth Lee, Trustee.

Supreme Court of North Carolina.

December 16, 1964.

Attorney(s) appearing for the Case

Hines & Dettor, Greensboro, for plaintiff appellants.

Bethea, Robinson & Moore, Reidsville. for defendant appellees.

BOBBITT, Justice.

It was appropriate for Judge Gambill, in the exercise of his discretion, to determine the plea of res judicata, a plea in bar, prior to trial on the merits of plaintiffs' alleged cause of action. Jones v. Mathis, 254 N.C. 421, 425, 119 S.E.2d 200, and cases cited.

In our view, the record does not support plaintiffs' contention...

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