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DUNN v. PATE

No. 8912SC555.

390 S.E.2d 712 (1990)

98 N.C. App. 351

Mollie Jackson DUNN and husband, Cecil Dunn; Daisy Jackson Trogdon and husband, James H. Trogdon, Jr.; Patricia Jackson Davis and husband, William R. Davis; Fairlyn Jackson Montella and husband, Michael Montella, Plaintiffs Appellants, v. Willard J. PATE; Bobbie Lou Jackson Grimes; Fairley James Grimes and wife, Jennifer B. Grimes; David E. Grimes, Jr.; Elizabeth Grimes Fisher and husband, Wilson David Fisher; Labon Charles Grimes and wife, Libby Grimes, Defendants Appellees.

Court of Appeals of North Carolina.

May 1, 1990.

Attorney(s) appearing for the Case

McCoy, Weaver, Wiggins, Cleveland and Raper by Richard M. Wiggins, Fayetteville, for plaintiffs appellants.

Faircloth, Taylor and Yarborough by Garris Neil Yarborough, Fayetteville, for defendants appellees.

EAGLES, Judge.

Plaintiffs' sole assignment of error is whether the trial court committed reversible error by granting summary judgment in favor of defendants based on a finding that G.S. 39-13.1 or G.S. 52-8 cured the failure of the certifying officer to find and certify that the deed was not unreasonable or injurious to a subscribing wife. Plaintiffs agree that summary judgment is appropriate but argue that the evidence...

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