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WEST v. HAYS

No. 8530SC1263.

346 S.E.2d 690 (1986)

J.D. WEST et ux Nina Mae West, Betty Gillespie et vir Freeman Gillespie, William E. West, Jr. et ux Frances West, Margaret Gregory et vir Gene Gregory, Louise Campbell et vir James Campbell, Evelyn West (Widow of William E. West, Sr.), Vannah West (Widow of Lee West), James L. West et ux Eula West, Nannie Hawk et vir Joe Hawk v. W. Arthur HAYS, Jr., Executor of the Estate of Elinor C. Cook, Patricia Hays Elliott, Audrey G. Hays, Ann Hays Wright and W. Arthur Hays, Jr., Individually.

Court of Appeals of North Carolina.

August 19, 1986.

Attorney(s) appearing for the Case

McKeever, Edwards, Davis & Hays by Ronald M. Cowan and W. Arthur Hays, Jr., Murphy, for defendants-appellants.

Coward, Cabler, Sossomon & Hicks by J.K. Coward, Jr., Highlands, for plaintiffs-appellees.

COZORT, Judge.

Plaintiffs instituted this action to be declared the owners, in fee simple absolute, of a certain tract of land in Macon County now in defendants' possession. The trial court entered judgment for the plaintiffs, and defendants appealed. We reverse, holding that G.S. 39-13.1 and G.S. 52-8 cannot cure the void deed in question.

The lands in question in this action were conveyed to Henry D. West and...

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