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WOODWARD v. PRESSLEY

No. 7830SC154.

249 S.E.2d 471 (1978)

39 N.C. App. 61

Edward V. WOODWARD, Sr. and wife, Shirley B. Woodward v. Hubert PRESSLEY and wife, Alaska Pressley, and David J. Haynes, Trustee.

Court of Appeals of North Carolina.

December 5, 1978.

Attorney(s) appearing for the Case

Roberts, Cogburn & Williams by Max O. Cogburn and James W. Williams, Asheville, for plaintiffs-appellants.

Bennett, Kelly & Cagle by Robert F. Orr, Asheville, for defendants-appellees.

HARRY C. MARTIN, Judge.

We hold the trial court erred in dismissing plaintiffs' action. Plaintiffs' evidence must be considered in the light most favorable to them. Scott v. Darden, 259 N.C. 167, 130 S.E.2d 42 (1963). In passing on this assignment of error, evidence erroneously excluded is to be considered with other evidence offered by plaintiffs. Norburn v. Mackie, 262...

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