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WILSON v. SMITH

No. 7319SC208.

197 S.E.2d 23 (1973)

18 N.C. App. 414

John G. WILSON and wife, Peggy S. Wilson v. Cora Edith Cavin SMITH et al.

Court of Appeals of North Carolina.

June 13, 1973.

Attorney(s) appearing for the Case

Woodson, Hudson, Busby & Sayers by Donald D. Sayers, Salisbury, for plaintiff appellees.

Childers & Fowler by Henry L. Fowler, Jr., Mount Holly, for defendant appellants.

HEDRICK, Judge.

The exception to the "interim judgment" presents the question of whether the facts found by Judge Johnston support the conclusion that plaintiffs are entitled to an easement by way of necessity across the land of defendants.

Since defendants had an option whether to appeal from the interim judgment or from the judgment locating the easement across their property, Pritchard v. Scott, 254 N.C. 277,

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