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WACHOVIA BANK & T. CO. v. JOHN THOMASSON CONST. CO.

No. 6826SC420.

164 S.E.2d 519 (1968)

3 N.C. App. 157

WACHOVIA BANK AND TRUST COMPANY, Trustee, and the Alexander Children's Center, a Charitable Corporation, v. JOHN THOMASSON CONSTRUCTION CO., Inc., a corporation.

Court of Appeals of North Carolina.

Certiorari Allowed January 31, 1969.

Attorney(s) appearing for the Case

Helms, Mulliss & Johnston by E. Osborne Ayscue, Jr., Charlotte, for plaintiff appellees.

James O. Cobb, Charlotte, for defendant appellant.

CAMPBELL, Judge.

The defendant presents two questions for consideration: (1) Did the trial court commit error in holding that the restriction in the Garsed deed was void as against public policy? (2) Did the trial court commit error in holding that, under the facts and circumstances in the record, equitable jurisdiction could be exercised in order to permit the sale of a portion of the real property?

"There can not be a co-existence of a fee-simple estate...

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