PATTERSON v. WACHOVIA BANK & TRUST

No. 8315SC351.

315 S.E.2d 781 (1984)

Kathleen Coble PATTERSON, (Widow); Agnes Coble White and husband, Arthur I. White; Helen Coble Byers and husband, Dillard M. Byers; Rebecca Coble Robertson and husband, Wilson A. Robertson, Cornelia Coble Stanton and husband, Robert G. Stanton, and Ross Coble and wife, Notie J. Coble v. WACHOVIA BANK & TRUST COMPANY, N.A., as Trustee.

Court of Appeals of North Carolina.

June 5, 1984.


Attorney(s) appearing for the Case

Charles N. Stedman, Burlington, for plaintiffs-appellants.

Petree, Stockton, Robinson, Vaughn, Glaze & Maready by Jackson N. Steele and Jeffrey C. Howard, Winston-Salem, for defendant-appellee.


PHILLIPS, Judge.

The basis for adjudging that Mattie Thompson Coble did not own the land involved at her death is that the deeds from Ross and Cecil Coble back to her were void, because they were deeds of gift and were not recorded within two years after their execution, as G.S. 47-26 requires. Since the deeds in question admittedly were not recorded until more than eighteen years after their execution and G.S. 47-26 plainly states, without exception or equivocation...

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