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PEARSON v. McKENNEY

No. 6929SC374.

169 S.E.2d 46 (1969)

5 N.C. App. 544

Giles W. PEARSON, Jr., Aletha Pearson, Doreen Pearson, Frederick J. Pearson and Mildred Pearson, Petitioners, v. Virginia Pearson McKENNEY, Susan Pearson Barbour and husband, A. J. Barbour, Julia Pearson Daunt and husband, John J. Daunt, Jr., Odessa Pearson Galda and husband, F. D. Galda, Respondents.

Court of Appeals of North Carolina.

August 13, 1969.

Attorney(s) appearing for the Case

Richard B. Ford, Asheville, for petitioner appellants.

Francis M. Coiner, Hendersonville, for respondent appellees.

MORRIS, Judge.

The order entered by the court from which petitioners appealed stated that the demurrer to the petition was sustained for the following reasons:

"1. The petition of the petitioners is not drawn in conformance with the mandatory North Carolina Statutes, i. e., Chapters 1 and 46, in that, (a) The adopted proceedings are in contravention of GS 46-1, requiring that the proceedings be initiated...

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