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WILLIAMS v. HERRING

No. 734SC789.

201 S.E.2d 209 (1973)

20 N.C. App. 183

Katie H. WILLIAMS v. Oliver HERRING, Individually and as Co-Executor of the Estate of Sara E. Herring, Deceased, et al.

Court of Appeals of North Carolina.

December 12, 1973.

Attorney(s) appearing for the Case

Barnes & Braswell by Henson P. Barnes, Goldsboro, for respondent-appellants.

Kornegay & Bruce by George R. Kornegay, Jr., Mount Olive, Chambliss, Paderick & Warrick by Benjamin R. Warrick, Clinton, Turner & Harrison by Fred W. Harrison, Kinston, and, Vance B. Gavin, Kenansville, for petitioners and respondents-appellees.

BRITT, Judge.

Appellants contend that each of them owns more than one-seventh interest in the lands and that the judgment of Judge Webb, affirmed by this court, is not res judicata in determining their interests. We reject this argument and hold that the judgment is res judicata.

In Masters v. Dunstan, 256 N.C. 520, 523-524, 124 S.E.2d 574, 576 (1962), in an opinion by Justice...

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