Bynum v. . Bank

STACY, C. J., and WINBORNE, J., concur in dissent. The order and decree of the court below indicates the controversy and is as follows:

"This cause coming on to be heard before the undersigned Judge Presiding over the Superior Court of Durham County at the request of counsel for Leon W. Powell, Administrator of the Estate of Joanna Leathers, upon the appeal of the plaintiff duly taken from the order of the Clerk of the Superior Court of Durham County entered on the 4th day of April, 1940, at which hearing in the Superior Court both the plaintiff Mattie Bynum and the defendant. The Fidelity…