DENNY, Justice.
The case was brought back with the thought that the allegations of fraud were perhaps broad enough to invoke the principle announced in McCoy v. Justice, 199 N.C. 602, 155 S.E. 452; and approved in Horne v. Edwards, 215 N.C. 622, 3 S.E.2d 1, and Yancey v. Yancey, 230 N.C. 719, 55 S.E.2d 468; also discussed in Pomeroy's Equity & Jurisprudence, 5th Ed., Section 919b, page 608, et seq., and counsel were notified to submit briefs on this question....
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