Harrell v. Powell

We do not consider the clause and sentence stricken from paragraph 8. Plaintiff’s petition, filed under Rule 4(a), 242 N.C. 766, on which certiorari was granted, related only to paragraphs 9-17, both inclusive.

Plaintiff’s only exception and assignment of error is to the entire order of Judge Parker.

The questions presented in plaintiff’s brief relate to whether paragraphs 9-17, both inclusive, considered as a whole, allege facts sufficient to constitute a cause of action for fraud. Whether any of the stricken allegations include facts germane to an action to set aside the contract and deed on…