POSTON v. MORGAN-SCHULTHEISS, INC.

No. 7918SC935.

265 S.E.2d 615 (1980)

Evelyn Hayworth POSTON, Plaintiff, v. MORGAN-SCHULTHEISS, INC., a corporation; High Point Bank & Trust Company; Elizabeth Willard McInnis and J. V. Morgan, Defendants.

Court of Appeals of North Carolina.

April 15, 1980.


Attorney(s) appearing for the Case

Evelyn Hayworth Poston, pro se.

Haworth, Riggs, Kuhn, Haworth & Miller by John Haworth, High Point, for defendants-appellees McInnis and High Point Bank & Trust Co.

Bynum M. Hunter and Alan W. Duncan, Greensboro, for defendant-appellee Morgan.

Frank B. Wyatt, High Point, for defendant-appellee Morgan-Schultheiss, Inc.


ARNOLD, Judge.

Plaintiff argues on appeal that each defendant has failed to show that no genuine issue of material fact exists.

Defendant Morgan-Schultheiss raised as its fifth defense the statute of limitations. G.S. 1-52(9) establishes a three-year statute of limitations for actions grounded in fraud or mistake, and the present action was brought more than five years after the transaction in which plaintiff conveyed her property to defendant. Where it clearly...

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