SMITH v. DIGH

No. 7025SC486.

177 S.E.2d 321 (1970)

9 N.C. App. 678

Beulah Hawkins SMITH v. Ralph Fonzo DIGH and wife, Lonnie Mull Digh.

Court of Appeals of North Carolina.

November 18, 1970.


Attorney(s) appearing for the Case

Simpson & Martin, by Dan R. Simpson, Morganton, for plaintiff.

Patton, Starnes & Thompson, by Thomas M. Starnes, Morganton, for defendants.


BROCK, Judge.

It is noteworthy that plaintiff filed no denial to defendants' plea in bar which consisted of their affirmative allegation of an agreement as to the location of the boundary line. Also plaintiff admitted the execution of the agreement on 22 June 1968. She does not allege or testify that she was tricked or defrauded in any way; she merely testifies that she did not sign before a notary.

As between plaintiff and defendants it is immaterial whether...

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