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HI-FORT, INC. v. BURNETTE

No. 7830SC716.

257 S.E.2d 85 (1979)

42 N.C. App. 428

HI-FORT, INC., a corporation, Petitioner, v. Mrs. Eddis BURNETTE, Widow, Stella Burnette, Jessie Burnette, Ruth Burnette, Jane Burnette, daughter of Eddis Burnette, Deceased, Joyce Burnette, Lester Davis, Bill Barnes, Ralph Laws, Dillard Barnes, Charlie Summers, Mrs. Verlin Burnette, Mary Burnette, Widow, Verlin Burnette, America Burnette, Widow, Grade Burnette, Don Burnette, Fred B. Burnette, Ed Burnette, Lizzie Davis, Ruth Barnes, Gladys Laws, Bainer Barnes, Lexie Summers, on behalf of themselves and all other parties in interest in the subject matter, Respondents, Jack Burnette and wife, Joyce Burnette, Joyce B. Haire and husband, Jesse Haire, Ted Burnette and wife, Ruth Burnette, Ann B. Moss and husband, Melvin Moss, Cherry Beard and husband, Daniel Beard, Martha Burnette, Edna Belcher and husband, Maywood Belcher, Kansas Elsie Ammons, Violet Schoolfield and husband, Jack Schoolfield, Elizabeth Baden and husband, William Baden, William Baden, Executor of the Estate of Mae Ammons, Clyde Burnette, Mary Johnson and husband, N. O. Johnson, Jay Burnette and wife, Ruth Burnette, and Clint Burnette and wife, Emma Burnette, Additional Respondents.

Court of Appeals of North Carolina.

July 31, 1979.

Attorney(s) appearing for the Case

McKeever, Edwards, Davis & Hays by George P. Davis, Jr. and Fred H. Moody, Jr., Bryson City, for petitioner-appellant.

Herbert L. Hyde and G. Edison Hill, Asheville, for respondent-appellee.

MORRIS, Chief Judge.

Petitioner's Appeal

Petitioner offered evidence intended to prove, by a superior chain of title, its alleged 169/264 undivided interest as tenant in common in the Burnette property. Petitioner's first assignment of error is directed to the trial court's exclusion of Petitioner's Exhibits Nos. 4 and 5. Exhibit No. 4, the ultimate link in the chain of title to petitioner, is the deed from Jay Burnette et ux, Ruth Burnette to Hi...

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