
    MARION DOZIER PUGH v. THOMAS DAVENPORT and wife, EDITH DAVENPORT; THELMA DAVENPORT HASSELL and husband, FENTRESS HASSELL; IDA D. MAITLAND and husband, WILL MAITLAND; WILMA DAVENPORT SPENCER and husband, JESSIE L. SPENCER; DALLAS DAVENPORT and wife, MARGARET D. DAVENPORT; CLARA MAY DAVENPORT RHODES and husband, T. EARL RHODES
    No. 92PA83
    (Filed 3 November 1983)
    On discretionary review pursuant to G.S. 7A-31 of a decision of the Court of Appeals filed 18 January 1983, modifying and affirming the judgment of Smith, Judge, entered 11 August 1981 in Superior Court, Tyrrell County.
    Judge Smith declared plaintiff to be the owner of a marketable fee simple title to property pursuant to G.S. 47B-2. The Court of Appeals, without application or discussion of the Marketable Title Act, held for plaintiff on the theory that the remainder interest through which defendants claimed was defeated by application of the Rule in Shelley’s Case.
    We allowed defendant’s petition for discretionary review on 5 April 1983.
    
      No counsel for plaintiff appellee.
    
    
      Charles W. Ogletree for defendant appellant.
    
   PER CURIAM.

After reviewing the record and briefs, and hearing oral argument on the question presented, we conclude the petition for further review was improvidently granted. Our order allowing defendant’s petition for discretionary review is vacated. The decision of the Court of Appeals modifying and affirming the judgment of Judge Smith remains undisturbed and in full force and effect.

Discretionary review improvidently granted.  