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BRYANT v. KELLY

No. 88.

181 S.E.2d 438 (1971)

279 N.C. 123

Mary Alice BRYANT v. Hayward KELLY, Jr., et al.

Supreme Court of North Carolina.

June 10, 1971.

Attorney(s) appearing for the Case

Brock & Gerrans by Donald P. Brock, Trenton, for plaintiff-appellant.

Beaman & Kellum by Norman B. Kellum, Jr. and Trawick H. Stubbs, Jr., New Bern, for defendant-appellees.

HUSKINS, Justice:

The Court of Appeals correctly treated defendants' motion for a directed verdict as a motion for involuntary dismissal. Directed verdicts are appropriate only in jury cases. See Rule 50(a).

The trial judge concluded as a matter of law that Leonard Nixon Simmons did not hold the subject lands in trust for the plaintiff. This conclusion apparently rests on the "finding of fact" that there was no agreement "between plaintiff and Leonard Nixon...

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