HOOPER v. HOOPER

No. 8129SC1355.

296 S.E.2d 668 (1982)

Brownlow HOOPER v. Phoebe HOOPER.

Court of Appeals of North Carolina.

November 2, 1982.


Attorney(s) appearing for the Case

Ramsey, White, Cilley & Dalton by William R. White, Brevard, for plaintiff-appellee.

Potts & Welch by Jack H. Potts, Brevard, for defendant-appellant.


HEDRICK, Judge.

Defendant contends the court erred in entering summary judgment for plaintiff, and argues that summary judgment for her should have been entered. Defendant contends the uncontroverted facts disclose the condition was not breached, and that if it was, the grantors never exercised their right of re-entry.

There is no question that the 1958 deed to plaintiff and defendant created a fee simple on condition subsequent. Not only did the grantors...

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