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GATES v. McDONALD

No. 68SC211.

162 S.E.2d 143 (1968)

1 N.C. App. 587

K. G. GATES v. George C. McDONALD and wife, Ethel D. McDonald.

Court of Appeals of North Carolina.

July 10, 1968.

Attorney(s) appearing for the Case

Carl W. Greene, Asheville, for plaintiff appellant.

Robert S. Swain and Richard Ford, Asheville, for defendants appellees.

BRITT, Judge.

The sole assignment of error brought forward in plaintiff's brief relates to the overruling of plaintiff's motion to strike the answer of the defendants because of their failure to file a bond for costs and damages as required by G.S. § 1—111.

Section 1-111 of the General Statutes provides as follows:

"In all actions for the recovery or possession of real property, the defendant, before he is permitted to plead, must execute...

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