{
  "id": 8552959,
  "name": "GRACE TAYLOR McRORIE and husband, HOWARD S. McRORIE and ELIZABETH TAYLOR BURGESS, Widow, Plaintiffs and KENNETH B. CRUSE, Additional Plaintiff v. J. CLAY QUERY and wife, OLLIE M. QUERY, Defendants and HARRY A. MARTIN and wife, ALTON ERWIN MARTIN, Additional Defendants",
  "name_abbreviation": "McRorie v. Query",
  "decision_date": "1974-11-20",
  "docket_number": "No. 7419SC750",
  "first_page": "601",
  "last_page": "602",
  "citations": [
    {
      "type": "official",
      "cite": "23 N.C. App. 601"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 189,
    "char_count": 2522,
    "ocr_confidence": 0.576,
    "pagerank": {
      "raw": 5.298132930532853e-08,
      "percentile": 0.33425442950534956
    },
    "sha256": "c6c73fa7c18439b53926790e918f0711ef4577f92737bee32afee931fdbefe37",
    "simhash": "1:a43ff63d120e6fc8",
    "word_count": 408
  },
  "last_updated": "2023-07-14T21:32:39.683180+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Britt and Vaughn concur."
    ],
    "parties": [
      "GRACE TAYLOR McRORIE and husband, HOWARD S. McRORIE and ELIZABETH TAYLOR BURGESS, Widow, Plaintiffs and KENNETH B. CRUSE, Additional Plaintiff v. J. CLAY QUERY and wife, OLLIE M. QUERY, Defendants and HARRY A. MARTIN and wife, ALTON ERWIN MARTIN, Additional Defendants"
    ],
    "opinions": [
      {
        "text": "CAMPBELL, Judge.\nIn this action Judge Exum found, \u201cthat the decision in said special proceeding is determinative of the rights of all parties in this cause and therefore renders this action moot, and that summary judgment ought to be allowed in favor of the defendants and the additional defendants.\u201d Judge Exum thereupon dismissed this action.\nIn the special proceeding this Court, in Case No. 7419SC751, filed simultaneously with this opinion, reversed Judge Exum and by said holding no longer made this case moot.\nSince this case has not been heard on its merits in the superior court, this case is remanded to the superior court for trial, and the judgment of Judge Exum dismissing this action is reversed.\nReversed and remanded.\nJudges Britt and Vaughn concur.",
        "type": "majority",
        "author": "CAMPBELL, Judge."
      }
    ],
    "attorneys": [
      "Cole & Chesson by James L. Cole for plaintiff appellants.",
      "Hartsell, Hartsell & Mills, P.A., by William L. Mills, Jr.; Williams, Willeford, Boger & Grady by John Hugh Williams for defendant appellees."
    ],
    "corrections": "",
    "head_matter": "GRACE TAYLOR McRORIE and husband, HOWARD S. McRORIE and ELIZABETH TAYLOR BURGESS, Widow, Plaintiffs and KENNETH B. CRUSE, Additional Plaintiff v. J. CLAY QUERY and wife, OLLIE M. QUERY, Defendants and HARRY A. MARTIN and wife, ALTON ERWIN MARTIN, Additional Defendants\nNo. 7419SC750\n(Filed 20 November 1974)\nEstates \u00a7 3; Wills \u00a7 34\u2014 devise of land for lifetime of beneficiaries \u2014 action remanded\nAction for the establishment of plaintiffs\u2019 title in and to a certain tract of land devised by their grandfather to their grandmother and their mother \u201cfor their lifetime\u201d is remanded for \u2022 a hearing on its merits.\nAppeal by plaintiffs and additional plaintiff from Exum, Judge, 4 March 1974 Civil Session of CABARRUS Superior Court. Heard in the Court of Appeals 17 October 1974.\nThis action was instituted 10 June 1968, for the establishment of plaintiffs\u2019 title in and to a certain parcel or tract of land lying in Cabarrus County, North Carolina, and for possession thereof and for other incidental rights in connection therewith. Thereafter, a motion was entered to reopen a special proceeding which involved the same tract or parcel of land. This special proceeding was entitled, Charles A. Fisher, Executor of George M. Misenheimer, deceased, and J. Clay Query and wife, Ollie M. Query, Movants v. Charles W. Misenheimer, et al, Respondents, and the present plaintiffs as intervenors. The special proceeding was heard in the superior court at the same time as this case, and likewise both matters were appealed to this Court and heard at the same time.\nCole & Chesson by James L. Cole for plaintiff appellants.\nHartsell, Hartsell & Mills, P.A., by William L. Mills, Jr.; Williams, Willeford, Boger & Grady by John Hugh Williams for defendant appellees."
  },
  "file_name": "0601-01",
  "first_page_order": 629,
  "last_page_order": 630
}