TOMLINSON v. BREWER

No. 7310SC487.

197 S.E.2d 901 (1973)

18 N.C. App. 696

William E. TOMLINSON v. Kidd BREWER and wife, Mary Frances Linney Brewer.

Court of Appeals of North Carolina.

July 25, 1973.


Attorney(s) appearing for the Case

Twiggs & McCain by Howard F. Twiggs and Grover C. McCain, Jr., Raleigh, for plaintiff appellant.

Wolff, Harrell & Mann by Bernard A. Harrell, Raleigh, for defendant appellees.


BALEY, Judge.

The sole question for determination on this appeal is the admissibility of parol evidence to vary, add to, or contradict the written instrument executed by the defendant, Kidd Brewer, and delivered to the plaintiff, Tomlinson, contemporaneously with the transfer to Brewer and his wife of a fee simple deed to the property involved upon which the plaintiff seeks to engraft a parol trust.

In North Carolina parol evidence may be admitted for the...

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