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EMANUEL v. EMANUEL

No. 8516DC520.

338 S.E.2d 620 (1986)

Manthie EMANUEL v. Robert Lee EMANUEL and Verlene Emanuel.

Court of Appeals of North Carolina.

January 21, 1986.

Attorney(s) appearing for the Case

Rogers & Bodenheimer by Hubert N. Rogers, III, Lumberton, for plaintiff-appellant.

McLean, Stacy, Henry & McLean by H.E. Stacy, Jr., Lumberton, for defendants-appellees.

ARNOLD, Judge.

Plaintiff contends that her complaint sets forth a cause of action for the imposition of a constructive trust governed by a ten-year statute of limitations. The trial court concluded that plaintiff's action was one based on frand and/or undue influence. Therefore the court applied the three-year statute of limitations as set out in G.S. 1-17 and G.S. 1-52 in granting defendants' motion for summary judgment.

We hold that neither plaintiff nor...

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