HELTON v. COOK

No. 7519SC470.

219 S.E.2d 505 (1975)

27 N.C. App. 565

Nannie HELTON v. Jennings R. COOK and wife, Madeline Helton Cook.

Court of Appeals of North Carolina.

November 19, 1975.


Attorney(s) appearing for the Case

Williams, Willeford, Boger & Grady by John R. Boger, Jr., Concord, for plaintiff.

Hartsell, Hartsell & Mills by W. Erwin Spainhour; and Irvin & Belo by Gordon L. Belo, Concord, for defendants.


BROCK, Chief Judge.

The sole question presented by this appeal is whether plaintiff's claim of title by adverse possession under G.S. 1-40 is defective as a matter of law because of her absence from the property for four months and nine months to serve separate prison sentences. In view of the unique circumstances surrounding Mrs. Helton's occupation of the property, we hold that despite her temporary absences from the property in question Mrs. Helton's possession...

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