OLIVER v. ERNUL

No. 723DC246.

188 S.E.2d 679 (1972)

14 N.C. App. 540

Garfield OLIVER and Richard A. Sutton v. Fred ERNUL et al.

Court of Appeals of North Carolina.

May 24, 1972.


Attorney(s) appearing for the Case

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

Bennett & McConkey by Thomas S. Bennett, Morehead City, for defendant appellants.


GRAHAM, Judge.

In granting plaintiffs' motion for judgment on the pleadings the District Court obviously interpreted the prior decision of the Supreme Court as having decided, based upon plaintiffs' evidence only, that no dispute exists as to the facts, and that plaintiffs are entitled to a way of necessity over defendants' land as a matter of law. Our interpretation of that decision results in a different conclusion.

This case was before the Supreme Court...

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