BOBBITT, Justice.
The more serious question confronting us on this record is whether the court below had jurisdiction of plaintiff's action. This question is not discussed in the briefs. However, this Court considers the jurisdictional question ex mero motu. Hopkins v. Barnhardt, 223 N.C. 617, 27 S.E.2d 644, and cases cited.
The Constitution of North Carolina, Article IV, Section 27, in pertinent part,
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