CITIES SERV. OIL CO. v. POCHNA

No. 7610SC246.

226 S.E.2d 884 (1976)

30 N.C. App. 360

CITIES SERVICE OIL COMPANY, Plaintiff, v. John POCHNA et al., Defendants, v. Robert H. DeKAY, Jr., et al., Third-Party Defendants.

Court of Appeals of North Carolina.

August 4, 1976.


Attorney(s) appearing for the Case

Joslin, Culbertson & Sedberry by Charles H. Sedberry, Raleigh, for plaintiff.

Young, Moore, Henderson & Alvis by J. Clark Brewer and Charles H. Young, Raleigh, for defendants.


VAUGHN, Judge.

Plaintiff's recorded chain of title was supported by affidavits as was its status as a purchaser for valuable consideration. It was also established that the Rapp Oil agreement, under which defendants claim, was not of record. We believe, therefore, that the trial judge correctly concluded that only questions of law were presented.

G.S. 47-18(a), prior to the 1975 amendment, was as follows:

"(a) No conveyance of land, or contract to...

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