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IN RE KING

No. 7017SC410.

176 S.E.2d 394 (1970)

9 N.C. App. 369

In the Matter of Callie Hooper KING, Administratrix of the Estate of Albert King, Deceased. Robert I. KING and wife, Callie Hooper King, Petitioners, v. Mary Alice King LEE and husband, Charlie Lee et al., Defendants.

Court of Appeals of North Carolina.

Certiorari Allowed November 3, 1970.

Attorney(s) appearing for the Case

Gwyn, Gwyn & Morgan, by Julius J. Gwyn, Reidsville, for respondents Willie Albert King and Dorothy Lawson King appellants.

Bethea, Robinson & Moore, by Norwood Robinson, Reidsville, for petitioners appellees.

Certiorari Allowed by Supreme Court November 3, 1970.

MORRIS, Judge.

Appellants' denial that petitioners owned any interest in the land described in the complaint as tract No. 3 converted the action into a civil action to try title, and it became, in effect, an action in ejectment. Skipper v. Yow, 249 N.C. 49, 105 S.E.2d 205 (1958); 6 Strong, N.C. Index 2d, Partition, § 4, p. 199; Coltrane...

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