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SCOTT POULTRY COMPANY v. BRYAN OIL COMPANY

No. 357.

157 S.E.2d 693 (1967)

272 N.C. 16

SCOTT POULTRY COMPANY v. BRYAN OIL COMPANY.

Supreme Court of North Carolina.

November 22, 1967.

Attorney(s) appearing for the Case

Turner & Harrison, Kinston, for plaintiff.

Dees, Dees, Smith & Powell and Smith & Everett, Goldsboro, for defendant.

BRANCH, Justice.

Initially, we must decide whether this is an action to remove cloud upon title or a suit in ejectment, in order to determine the defenses available to defendant.

In the case of Hayes v. Ricard, 244 N.C. 313, 93 S.E.2d 540, the plaintiffs alleged that they were the owners of the land in controversy; that defendant claimed under a void conveyance and was in wrongful possession...

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