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EAST v. SMITH

No. 719SC419.

182 S.E.2d 266 (1971)

11 N.C. App. 604

Thomas F. EAST, Administrator of Mana Agusta Perry, Deceased, v. Bettie P. SMITH et al., Respondents, Robert M. Williams, Jr. et al., Movants-Appellants.

Court of Appeals of North Carolina.

July 14, 1971.

Attorney(s) appearing for the Case

E. C. Bulluck and Thomas F. East, Louisburg, for petitioner appellee.

John F. Matthews, Louisburg, for movants and Matthews, appellants.

MALLARD, Chief Judge.

On 8 June 1971 petitioner filed a motion to dismiss the appeal of movants on the grounds that "this appeal was apparently taken and perfected purely for the purpose of delay." This motion is denied.

Movants contend, among other things, that the judgment ordering the sale should be vacated for fatal defects appearing on the face of the record. When the cause was heard by Judge Hall, jury had...

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