PRESNELL v. PRESNELL

No. 8120DC1423.

296 S.E.2d 519 (1982)

Hazel PRESNELL v. David PRESNELL.

Court of Appeals of North Carolina.

November 2, 1982.


Attorney(s) appearing for the Case

John I. Jay, Waynesville, for plaintiff-appellant.

Noland, Holt, Bonfoey & Davis by Richlyn D. Holt, Waynesville, for defendant-appellee.


WELLS, Judge.

The sole question we consider is whether the trial court erred in refusing to rescind plaintiff's conveyance of a tract of land from plaintiff as grantor to herself and defendant as grantees following the disputed marriage between plaintiff and defendant.

Plaintiff bases her action for rescission and reformation on a theory of fraud. At trial, plaintiff sought to prove that defendant represented to her that he had a valid divorce from his first...

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