BOARD OF TRANSP. v. TURNER

No. 771SC591.

245 S.E.2d 223 (1978)

37 N.C. App. 14

BOARD OF TRANSPORTATION v. Carlton Kentwood TURNER and wife, Nancy Flow Turner, Mary Frances McPherson Morrisette and husband, Lucien F. Morrisette, J. M. Duff, Trustee and First Union National Bank.

Court of Appeals of North Carolina.

June 20, 1978.


Attorney(s) appearing for the Case

Twiford, Trimpi & Thompson by John G. Trimpi, Elizabeth City, for appellants.

O. C. Abbott, Elizabeth City, for appellee.


MARTIN, Judge.

Defendants Morrisette assert basically two grounds in support of their contention that they are entitled to all the proceeds: first, they contend that they retained, by an express exception in the October 1970 deed to the Turners, a fee simple interest in the right-of-way for ten (10) years; and second, they contend that by express language in the same exception, they reserved the right to all proceeds resulting from a condemnation of the right...

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