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COLVARD v. FRANCIS

No. 9123SC586.

416 S.E.2d 579 (1992)

106 N.C. App. 277

Ralph N. COLVARD v. Herbert FRANCIS, First-Citizens Bank & Trust Company and Paul Reeves.

Court of Appeals of North Carolina.

May 19, 1992.

Attorney(s) appearing for the Case

Franklin Smith, Elkin, for plaintiff-appellant.

Ward & Smith by Kenneth R. Wooten and Leigh A. Allred, New Bern, for defendant-appellee First-Citizens Bank & Trust Co.

Patrick, Harper & Dixon by Eloise D. Bradshaw, Hickory, for defendant-appellee Herbert Francis.

Di Santi, Watson & McGee by Anthony S. di Santi, Boone, for defendant Paul Reeves.

LEWIS, Judge.

Plaintiff Ralph Colvard inherited, along with his two sisters, several tracts of land from his parents. A family settlement agreement was signed whereby each sibling agreed to pay a percentage of the mortgage and estate taxes. At 56 percent, plaintiff's portion of the debts was approximately $400,000.00. In order to raise this amount, plaintiff divided one of the inherited tracts into lots. Plaintiff contracted with defendant Paul Reeves, a certified...

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