Williams v. Joines, 230 N.C. 758 (1949)

Oct. 19, 1949 · Supreme Court of North Carolina
230 N.C. 758

MANLEY J. WILLIAMS, et al. v. J. EMORY JOINES, et al.

(Filed 19 October, 1949.)

Appeal by plaintiffs from Coggin, Special Judge, at June Term, 1949, of Watauga.

Civil action by grantors to enforce resale and reconveyance of land pursuant to alleged stipulation in deed poll.

Upon issues joined, the jury found that the clause of repurchase was surreptitiously inserted in the deed by the plaintiffs with intent to defraud the defendant, J. Emory Joines.

Judgment on the verdict for defendants. Plaintiffs appeal, assigning-errors.

Bowie & Bowie and Higgins & McMichael for plaintiffs, appellants.

Trivette, Ilolshouser & Mitchell for defendants, appellees.

Pee Cueiam.

It appears that the case has been tried in accordance with our former opinion, Williams v. Joines, 228 N.C. 141, 44 S.E. 2d 738, and no exception is presented which requires a disturbance of the verdict and judgment. Hence, they will be upheld.

No' error.