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JAMES v. JAMES

No. 813SC1109.

293 S.E.2d 655 (1982)

B. W. JAMES and wife, Joyce E. James; Joyce E. James, Executrix of the Estate of B. W. James; Mable James Beck, and husband Harold Beck, Petitioners, v. Pauline W. JAMES; Annette James Pilgreen and husband, Joe Pilgreen; R. E. James, Jr. and wife, Grace E. James; and Pauline W. James and R. E. James, Jr., Executrix and Executor of the Estate of R. E. James, Deceased, Respondents, Irvin James, Gladys K. James, Irvin E. James and Barbara R. James, Intervenors-Respondents.

Court of Appeals of North Carolina.

July 20, 1982.

Attorney(s) appearing for the Case

Underwood & Leech by David A. Leech, Greenville, for petitioners-appellants.

Everett & Cheatham by C. W. Everett, Sr., Bethel, for respondents-appellees.

James, Hite, Cavendish & Blount by E. Cordell Avery, Greenville, for intervenor-respondent-appellees.

CLARK, Judge.

We reject the argument of the petitioners that the Clerk of the Superior Court and the trial court had no authority to modify the distributive provisions of the 16 February 1981 Consent Order. The distribution provisions were based on the interests owned by the heirs on that date. The rents were tendered on 27 February 1981 after the delivery of the deed dated 23 February 1981. It is established that accrued...

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