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COOPER v. FLOYD

No. 7030SC453.

177 S.E.2d 442 (1970)

9 N.C. App. 645

John Junior COOPER v. Sarah H. FLOYD, Bill Floyd, Jack Floyd, Ruth Floyd Hill, and husband, W. O. Hill, Jr., Hattie Floyd, and Bill Floyd, Administrator of the Estate of Ed Floyd.

Court of Appeals of North Carolina.

November 18, 1970.

Attorney(s) appearing for the Case

Clark Parker, Sylva, for plaintiff-appellant.

Monteith, Coward & Coward, by Thomas W. Jones, Sylva, for defendants-appellees.

VAUGHN, Judge.

The only question presented by this appeal requires a determination of whether an action to set aside a deed on the grounds of forgery is barred after three years from the date of knowledge of the forgery by N.C.Gen.Stat. § 1-52(9). N.C.Gen.Stat. § 1-52(9) prescribes three years as the period within which an action "[f]or relief on the ground of fraud" must be commenced. We hold that an action to set aside a deed on the grounds of forgery...

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