VAUGHN, Judge.
The entry of summary judgment is improper where, as here, genuine issues exist as to the material facts and the judge purports to resolve such issues.
In order to reach the question of law involved we will, however, with some reluctance and for purposes of the appeal only, assume the following facts on which the judge appears to rely, as true:
(1) The property in question is located on 11th Street in Wilmington, North Carolina. Edna...
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