STOKLEY v. STOKLEY

No. 751DC1023.

227 S.E.2d 131 (1976)

30 N.C. App. 351

Charles Walter STOKLEY, Plaintiff, v. Mary Elizabeth Bray STOKLEY, Defendant. Mary Elizabeth Bray STOKLEY, Petitioner, v. Lennie L. HUGHES, Administrator de bonis non of the Estate of Charles Walter Stokley, Respondent, and Nancy M. Jernigan, Respondent.

Court of Appeals of North Carolina.

August 4, 1976.


Attorney(s) appearing for the Case

Jennette, Morrison & Austin, by C. Glenn Austin, Twiford, Abbott, Seawell, Trimpi & Thompson, by C. Everett Thompson, Elizabeth City, for petitioner.

White, Hall, Mullen & Brumsey, by John H. Hall, Jr., Elizabeth City, for respondent Nancy M. Jernigan.


MARTIN, Judge.

The motion in the cause was made pursuant to Rule 60(b)(3), (4), and (6), Rules of Civil Procedure. The rule in pertinent part reads as follows:

"(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (3) Fraud (whether heretofore...

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