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OVERTON v. BOYCE

No. 751SC261.

217 S.E.2d 704 (1975)

26 N.C. App. 680

Penelope Badham OVERTON, and Alexander Badham (Original Plaintiffs), Robert Bembry, Administrator of Penelope Badham Overton and Robert Bembry, Administrator of Alexander Badham v. A. C. BOYCE, sometimes known as Lonnie Boyce (Original Defendant), Celia U. Boyce, widow of A. C. Boyce, et al.

Court of Appeals of North Carolina.

Certiorari Allowed October 7, 1975.

Attorney(s) appearing for the Case

Richard Powell, Greenville, and Samuel S. Mitchell, Raleigh, for plaintiffs.

Pritchett, Cooke & Burch by J. A. Pritchett, W. W. Pritchett, Jr., and W. L. Cooke, Windsor, for defendants.

Certiorari Allowed by Supreme Court October 7, 1975.

CLARK, Judge.

Plaintiffs' claim of title is based on the deed from H. H. Page and wife to Hannibal Badham, dated 30 December 1899, in which the subject lands are described as follows:

". . . A certain tract of Pocosin Land adjoining the lands of the late Henderson Luton & others, containing, by estimation, Three Hundred and Nineteen Acres."

This description is ambiguous. A deed is a...

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