SMITH v. STARNES

No. 68SC81.

160 S.E.2d 547 (1968)

1 N.C. App. 192

Thad R. SMITH and wife, Mae Smith v. Cecil STARNES and Smith Moore, t/a S & M Construction Company and Gene Ingle, t/a Granite Sand Company.

Court of Appeals of North Carolina.

April 24, 1968.


Attorney(s) appearing for the Case

West & Groome, by Ted G. West, Lenoir, for plaintiffs appellees.

L. H. Wall, Lenoir, for defendants appellants.


BROCK, Judge.

When this case was called for trial, the parties stipulated that plaintiffs are successors in title to Lot No. 1 and defendants are successors in title to Lot No. 2 according to a partition by commissioners in a special proceeding in 1912 entitled Jenkins v. Jones, Caldwell County Superior Court. The plaintiffs then offered into evidence the full report of the partition by commissioners which contains a description...

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