SCOTT v. MOSER

No. 7617DC304.

229 S.E.2d 222 (1976)

31 N.C. App. 268

Sallie M. SCOTT (widow) et al., Plaintiffs, v. Ruby Juanita Scott MOSER et al., Defendants.

Court of Appeals of North Carolina.

November 3, 1976.


Attorney(s) appearing for the Case

Folger & Folger by Fred Folger, Jr., and Larry Bowman, Mount Airy, for plaintiffs-appellees.

Allen, Henderson & Allen, Elkin, for Hoke F. Henderson, guardian ad litem, appellant.


PARKER, Judge.

The trial court rested its judgment upon two grounds: first, that the plaintiffs were under a mutual mistake of fact and of law such as to entitle them to have the deeds reformed; and second, that the deeds were cross deeds of partition which conveyed no rights to the wards of the appellant. We find the second ground sufficient to support the judgment and affirm.

When G. Wes Scott died intestate, fee simple title to his lands vested in his three...

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