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ELLIOTT v. BALLENTINE

No. 7010SC84.

173 S.E.2d 552 (1970)

7 N.C. App. 682

Carolyn Ballentine ELLIOTT and Rebecca Ballentine v. Bessie B. BALLENTINE, Lynton Yates Ballentine, and Julius S. Phoenix, Jr.

Court of Appeals of North Carolina.

May 6, 1970.

Attorney(s) appearing for the Case

Maupin, Taylor & Ellis, by Armistead J. Maupin, Raleigh, for appellants.

Sanford, Cannon, Adams & McCullough, by Hugh Cannon and E. D. Gaskins, Jr., Raleigh, for the appellees.

HEDRICK, Judge.

The appellants bring forward on this appeal two assignments of error: (1) Did the court err in holding that there was no defect of parties and causes and (2) did the court err in holding that the complaint alleged a genuine controversy under the Declaratory Judgment Act?

G.S. § 1-254 provides that any person who has an interest "under a deed, will, written contract or other writings constituting...

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