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NORTH CAROLINA STATE HIGHWAY COM'N v. GAMBLE

No. 6926SC527.

170 S.E.2d 359 (1969)

6 N.C. App. 568

NORTH CAROLINA STATE HIGHWAY COMMISSION v. Wallace M. GAMBLE, Single; Joseph G. Gamble, Jr. and wife, Mrs. Joseph G. Gamble, Jr.; Wayne W. Gamble and wife, Sue M. Gamble; Hilda Gamble Grosse and husband, William M. Grosse; Laura M. Gamble, Single; Mary E. Gamble, Single; and Connie W. Gamble, Widow.

Court of Appeals of North Carolina.

November 19, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Harrison Lewis, Deputy Atty. Gen., by Trial Atty. I. B. Hudson, Jr., and Staff Atty. Carlos W. Murray, Jr., Raleigh, for the State Highway Commission.

Harkey, Faggart, Coria & Fletcher, by Harry E. Faggart, Jr., Charlotte, for the defendant appellees.

VAUGHN, Judge.

Duke Power Company is not a party to the action. The Court is called upon to construe the deed from Duke and determine whether Duke conveyed the tract in dispute to the defendants or whether title to the tract was retained by Duke, it having been stipulated that Duke owned the tract at the time of the conveyance.

Reference to Britt v. Children's Homes, 249 N.C. 409, 106 S.E.2d 474<...

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