Mason-Reel v. Simpson

LEWIS, Judge.

The issue in this case is whether the trial judge, upon a motion made after the denial of a summary judgment, correctly used N.C.G.S. § 39-1.1 when he interpreted, as a matter of law, the intent of the parties in a deed which contained inconsistent clauses.

The plaintiffs filed a complaint alleging in their first claim for relief that the defendants had fraudulently schemed to acquire title to the plaintiffs’ property. The plaintiffs also alleged that due to the defendants’ fraud, there exists a cloud on plaintiffs’ title to their property. In the plaintiffs’ second claim for…