Dunn v. Pate

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question of whether noncompliance with the private examination requirements set forth in N.C.G.S. § 52-12 (Supp. 1957) (superseded by N.C.G.S. § 52-6) (repealed 1977) and N.C.G.S. § 47-39 (Supp. 1957) (repealed 1977) in the execution of a deed in 1962 may be an effective basis for relief in an action to set aside that deed today.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 under the law which makes gender-based discrimination presumptively unconstitutional, we hold that noncompliance with the statutes in question will not lead to the requested relief.

Pla…