Pickelsimer Ex Rel. Gash v. Pickelsimer

On this appeal the plaintiff has followed an approved practice. “Where a judge intimates an opinion adverse to the plaintiff on the law upon which his case is based or excludes evidence material and necessary to prove his case, he may submit to a nonsuit and appeal.” Rochlin v. Construction Co., 234 N.C. 443, 67 S.E. 2d 464; Wimberly v. Parrish, 253 N.C. 536, 117 S.E. 2d 472. In considering this appeal the allegations of the complaint must be accepted as true.

It is settled law in North Carolina that an oral contract to convey or to devise real property is void by reason of the statute of…