DUNN v. PATE

No. 170PA92.

431 S.E.2d 178 (1993)

334 N.C. 115

Mollie Jackson DUNN and husband, Cecil Dunn; Daisy Jackson Trogdon and husband, James H. Trogdon, Jr.; Patricia Jackson Davis and husband, William R. Davis; Fairlyn Jackson Montella and husband, Michael Montella v. Willard J. PATE, Bobbie Lou Jackson Grimes; Fairley James Grimes and wife, Jennifer B. Grimes; David E. Grimes, Jr.; Elizabeth Grimes Fisher and husband, Wilson David Fisher; Labon Charles Grimes and wife, Libby Grimes.

Supreme Court of North Carolina.

July 2, 1993.


Attorney(s) appearing for the Case

McCoy, Weaver, Wiggins, Cleveland and Raper, by Richard M. Wiggins, Fayetteville, for plaintiff-appellees.

Garris Neil Yarborough, Fayetteville, for defendant-appellees.


FRYE, Justice.

This case presents the question of whether noncompliance with the private examination requirements set forth in N.C.G.S. § 52-12 (Supp.1957) (superseded by N.C.G.S. § 52-6) (repealed 1977) and N.C.G.S. § 47-39 (Supp.1957) (repealed 1977) in the execution of a deed in 1962 may be an effective basis for relief in an action to set aside that deed today. In light of the principle of equal protection...

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