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TRIPP v. NORTH CAROLINA PHOSPHATE CORPORATION

No. 702SC63.

174 S.E.2d 693 (1970)

S. J. TRIPP, D. E. Tripp, John D. Tripp, Clevie Tripp Wallace, Vera Tripp Haynes, Josephine Tripp Gilliland, Elizabeth Tripp, G. A. Tripp, Jr., and Bettie Joe Tripp v. NORTH CAROLINA PHOSPHATE CORPORATION and Weyerhaeuser Company and Pete Anderson.

Court of Appeals of North Carolina.

June 24, 1970.

Attorney(s) appearing for the Case

LeRoy Scott, Washington, for plaintiff appellants.

Rodman & Rodman by Edward N. Rodman, Washington, for defendant appellees.

GRAHAM, Judge.

Plaintiffs conceded before the trial court and on oral argument in this court that the description contained in the deed referred to in paragraph three of their complaint encompasses the 4.26 acres of land in controversy. However, this concession does not admit that defendants own the disputed tract. (Compare Napoli v. Philbrick, 8 N.C. App. 9, 173 S.E.2d 574, where plaintiff...

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