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MANGUM v. SURLES

No. 7.

187 S.E.2d 697 (1972)

281 N.C. 91

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

Supreme Court of North Carolina.

April 12, 1972.

Attorney(s) appearing for the Case

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

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

SHARP, Justice:

Plaintiff's assignments of error raise two questions for consideration: Did the trial judge err (1) in denying plaintiff's motion to amend her complaint to allege fraud in conformity with the evidence and (2) in refusing to submit the issue whether defendants had fraudulently obtained plaintiff's signature to the deed in suit.

The threshold question is whether the Court of Appeals erred in holding that the

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