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YORK v. NEWMAN

No. 6818SC339.

163 S.E.2d 282 (1968)

2 N.C. App. 484

William M. YORK, Jr., and Frank W. York v. George F. NEWMAN, Jr., Trustee.

Court of Appeals of North Carolina.

Certiorari Denied November 26, 1968.

Attorney(s) appearing for the Case

Adams, Kleemeier, Hagan & Hannah, by Charles T. Hagan, Jr., and Smith, Moore, Smith, Schell & Hunter, by McNeill Smith, Greensboro, for plaintiffs.

McLendon, Brim, Brooks, Pierce & Daniels, by Hubert Humphrey, Greensboro, for defendant.

MALLARD, Chief Judge.

Defendant asserts in his brief that the question presented by this record is: "Did the Court below err in overruling the Demurrer based upon the grounds that the Complaint does not state a proper action for removing a cloud on title or for declaratory relief and that there is a defect of parties?"

"A cloud upon title is, in itself, a title, or encumbrance, apparently valid, but in fact invalid. It is something which, nothing else being...

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