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MATTHEWS v. HILL

No. 6819SC344.

163 S.E.2d 7 (1968)

2 N.C. App. 350

Willie Jordan MATTHEWS v. Virginia Cook HILL and Marvin Woodrow Childress.

Court of Appeals of North Carolina.

September 18, 1968.

Attorney(s) appearing for the Case

Williams, Willeford & Boger, by John R. Boger, Jr., Concord, for plaintiff appellant.

Helms, Mulliss & Johnston, by E. Osborne Ayscue, Jr., Charlotte, for defendant appellee Hill.

Hartsell, Hartsell & Mills, by William L. Mills, Jr., and K. Michael Koontz, Concord, for defendant appellee Childress.

PARKER, Judge.

At the trial plaintiff admitted from the witness stand that the instrument which she signed on 19 January 1966 was the release as pleaded by defendants and that she had received certain monies therefor. By the terms of this instrument plaintiff released all claims resulting from the automobile accident referred to in her complaint. The execution of the release being admitted, the burden was then cast on plaintiff to prove any matter in avoidance. Watkins...

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