WHITE v. MOORE

No. 7122SC273.

181 S.E.2d 734 (1971)

11 N.C. App. 534

Herman J. WHITE and wife, Ethel L. White v. Glenn W. MOORE and wife, Jane Moore et al.

Court of Appeals of North Carolina.

June 23, 1971.


Attorney(s) appearing for the Case

DeLapp, Ward & Hedrick by Sim A. DeLapp, Lexington, for plaintiff appellants.

Robert L. Grubb, Lexington, for defendant appellees.


BRITT, Judge.

The questions raised by this appeal are: (1) Is the proviso prohibiting a trailer park and automobile junk yard inserted in the commissioner's deed to Kinlaw valid? (2) Are defendants estopped to deny the validity of the proviso? We answer both questions in the negative.

(1) In Peal v. Martin, 207 N.C. 106, 176 S.E. 282 (1934), the court said: "A commissioner appointed by a court of equity to sell land is empowered to do one specific act, viz...

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