PHILLIPS, Judge.
The first question that the record gives rise to is whether the Superior Court judges who denied appellant's motion to dismiss and granted appellee's motions for summary judgment and judgment on the pleadings had jurisdiction of this special proceeding to partition and sell real estate which has not been considered or passed on by the Clerk of Superior Court, as G.S. 1-393, et seq. provides. We hold that they did. Under G.S. 7A-40, the Clerk...
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