BLANKENSHIP v. PRICE

No. 7522SC280.

217 S.E.2d 709 (1975)

27 N.C. App. 20

Espie BLANKENSHIP and Melo Blankenship v. Plezz PRICE and wife, Mrs. Plezz Price.

Court of Appeals of North Carolina.

September 3, 1975.


Attorney(s) appearing for the Case

John S. Willardson, North Wilkesboro, and Joe O. Brewer, Wilkesboro, for plaintiff appellants.

No counsel contra.


PARKER, Judge.

A consent judgment is the contract of the parties entered upon the records of a court of competent jurisdiction with its sanction and approval. King v. King, 225 N.C. 639, 35 S.E.2d 893 (1945). Being a contract, it cannot be changed without the consent of the parties or set aside except upon proper allegation and proof that consent was not in fact given or that it was obtained by fraud or mutual mistake, the burden being upon the party attacking...

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