LOVIN v. CRISP

No. 7730DC324.

243 S.E.2d 406 (1978)

Jack D. LOVIN and wife, Voyce Jo Lovin, and Jiles O. Lovin and wife, Polly C. Lovin v. Carmel CRISP and wife, Geneva Crisp.

Court of Appeals of North Carolina.

May 2, 1978.


Attorney(s) appearing for the Case

McKeever, Edwards, Davis & Hays by Fred H. Moody, Jr., Bryson City, for plaintiffs-appellants.

Leonard W. Lloyd, Robbinsville, for defendants-appellees.


MITCHELL, Judge.

The plaintiffs, by their single assignment of error, contend that the trial court erred in granting summary judgment for the defendants. This assignment is meritorious.

The plaintiffs contend that summary judgment for the defendants was erroneous, and that a proper construction of the deed of 20 June 1963 reveals that, as a matter of law, it created an easement appurtenant to the lands conveyed by its terms and no other lands. The plaintiffs...

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