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CUTTER v. CUTTER REALTY COMPANY

No. 283.

144 S.E.2d 882 (1965)

265 N.C. 664

George K. CUTTER, John H. Cutter, III, and George K. Cutter, Jr. v. CUTTER REALTY COMPANY, Inc., a Corporation, J. H. Cutter and Company, Inc., a Corporation, E. C. Griffith, W. R. Cuthbertson, Colonel Francis J. Beatty, Mary Anne Davis, J. B. Bostick, I. Theodore Leader, Trustee for Prudential Real Estate Trust.

Supreme Court of North Carolina.

November 24, 1965.

Attorney(s) appearing for the Case

Weinstein, Waggoner & Sturges, by William J. Waggoner, Charlotte, for plaintiff appellants.

Grier, Parker, Poe & Thompson, by Joseph W. Grier, Jr., and James Y. Preston, Charlotte, for defendant appellees.

LAKE, Justice.

After the appeal was docketed in this Court the appellees moved to dismiss it as moot on the ground that, following the entry of the order in question, Prudential was made a party to the action and entered a general appearance so that it will be bound by the final judgment, whether or not the notice of lis pendens was properly ordered and cancelled. The motion to dismiss is denied. The appeal did not become moot by Prudential's becoming a party. If...

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