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MANGUM v. SURLES

No. 7111SC546.

183 S.E.2d 839 (1971)

12 N.C. App. 547

Mavie M. MANGUM, Trustee for Mary B. Matthews v. Derry Thomas SURLES and wife, Minnie Marie Matthews Surles.

Court of Appeals of North Carolina.

Certiorari Allowed December 7, 1971.

Attorney(s) appearing for the Case

Bryan, Jones, Johnson, Hunter & Greene by K. Edward Greene, Dunn, for plaintiff appellant.

Samuel S. Stephenson, Angier and D. K. Stewart, Dunn, for defendant appellees.

Certiorari Allowed by Supreme Court December 7, 1971.

HEDRICK, Judge.

Plaintiff first assigns as error the failure of the court to allow him to amend his complaint to conform to the evidence. The proposed amendment reads as follows:

"That the defendants, at the time Mary B. Matthews signed the deed alleged in the complaint, did with intent to deceive, practice a fraud upon the said Mary B. Matthews by inducing her to sign said instrument while representing...

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