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JERNIGAN v. STOKLEY

No. 771SC415.

238 S.E.2d 318 (1977)

34 N.C. App. 358

Nancy M. JERNIGAN v. Mary Elizabeth Bray STOKLEY, Effie Stokley Hawkins, Lillian Stokley, and Lennie L. Hughes, Administrator d.b.n. of the Estate of Charles Walter Stokley.

Court of Appeals of North Carolina.

November 2, 1977.

Attorney(s) appearing for the Case

White, Hall, Mullen & Brumsey by John H. Hall, Jr., Elizabeth City, for petitioner-appellee.

Frank B. Aycock, Jr., Elizabeth City, for defendant-appellant Mary Elizabeth Bray Stokley, and LeRoy, Wells, Shaw, Hornthal, Riley & Shearin by Terrance W. Boyle, Elizabeth City, for defendant-appellee Effie Stokley Hawkins.

BRITT, Judge.

By her first assignment of error, defendant Mary Stokley contends that she is entitled to a jury trial on the question of extrinsic fraud by decedent in obtaining the purported divorce in Edgecombe County on 17 February 1965. We find no merit in the assignment.

In Stokley v. Stokley and Stokley v. Hughes, 30 N.C. App. 351, 227 S.E.2d 131 (1976), this court...

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