COWART v. WHITLEY

No. 7820SC117.

251 S.E.2d 627 (1979)

39 N.C. App. 662

Robert E. COWART v. C. J. WHITLEY, Nola B. Whitley, and Whitley & Son, Inc.

Court of Appeals of North Carolina.

February 6, 1979.


Attorney(s) appearing for the Case

James, McElroy & Diehl by James H. Abrams, Jr., Charlotte, for plaintiff-appellant.

Coble, Morton, Grigg & Odom by David L. Grigg, Albemarle, for defendant-appellee.


VAUGHN, Judge.

The judgment must be reversed unless the evidence discloses that, as a matter of law, plaintiff's claim is barred by the statute of limitations. Any contradictions in the evidence must be resolved in favor of plaintiff on defendants' motion for a directed verdict.

The action was brought, pursuant to G.S. 39-15, to set aside the conveyance made in March of 1970 on the grounds of fraud. The action is...

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