Gardner v. Price Ex Rel. Price

Tbis appeal is premature. It is from a nonappealable, interlocutory order. Veazey v. Durham, 231 N.C. 357, 57 S.E. 2d 377; Raleigh v. Edwards, 234 N.C. 528, 67 S.E. 2d 669.

In the bearing below it was not contemplated tbat Judge Morris should bear and determine tbe entire controversy. Tbe parties stipulated tbat tbe inquiry should be limited to a determination of tbe single question whether tbe judgment entered by Judge Nimocks in tbe prior action brought to set aside tbe deed may be collaterally attacked in tbis proceeding. Tbe order entered by Judge Morris recites tbat tbe scope of inquiry…