MURPHY v. MURPHY

No. 37.

245 S.E.2d 693 (1978)

Wendell Holmes MURPHY, Sr. v. Emily Wynelle MURPHY.

Supreme Court of North Carolina.

July 14, 1978.


Attorney(s) appearing for the Case

Vance B. Gavin, Russell J. Lanier, Jr., and William E. Craft, Kenansville, for plaintiff-appellee.

Kornegay & Rice, by George R. Kornegay, Jr. and Robert T. Rice, Mount Olive, for defendant-appellant.


SHARP, Chief Justice.

Defendant's evidence on the first issue, which the trial judge deemed sufficient to go to the jury on the question whether the separation agreement was obtained by plaintiff's fraud or undue influence, is sufficiently set out and discussed in the opinion of the Court of Appeals. We affirm that Court's decision that the judge committed no prejudicial error in his rulings and instructions on the first issue and that the evidence supports the jury...

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