OLIVER v. ERNUL

No. 703DC377.

175 S.E.2d 618 (1970)

Garfield OLIVER and Richard A. Sutton v. Fred ERNUL, Luzzie Ernul and Grace Stamps.

Court of Appeals of North Carolina.

Certiorari Allowed October 5, 1970.


Attorney(s) appearing for the Case

Boshamer & Graham by Otho L. Graham, Morehead City, for plaintiff appellants.

Thomas S. Bennett, Morehead City, for defendant appellees.


BRITT, Judge.

Did the trial court err in granting defendants' motion for judgment as of involuntary nonsuit (this action being tried prior to 1 January 1970)? Considering the evidence and the admissions in the pleadings in the light most favorable to plaintiffs, we hold that it did.

We hold that plaintiffs' exhibit No. 1, although poorly drafted, if proven over defendants' denial is sufficient as a deed creating a twenty-foot easement extending from U. S....

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