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BOARD OF TRANSP. v. PELLETIER

No. 773SC1072.

248 S.E.2d 413 (1978)

38 N.C. App. 533

BOARD OF TRANSPORTATION v. Lionel W. PELLETIER and wife, Myrtle M. Pelletier, James Paul Lewis and wife, Nancy W. Lewis, George W. Salter and wife, Clestine Salter.

Court of Appeals of North Carolina.

November 7, 1978.

Attorney(s) appearing for the Case

Taylor & Marquardt by Nelson W. Taylor, III, Morehead, for defendants-appellants James Paul Lewis and Nancy W. Lewis.

Beaman, Kellum, Mills & Kafer by James C. Mills, New Bern, for defendant-appellee Lionel W. Pelletier.

HEDRICK, Judge.

Defendants Lewis agree that the land in dispute is embraced within the metes and bounds description contained in Pelletier's Registered Land Certificate. They bottom their claim, however, on the fact that the disputed land is not included in "Tract No. 2 of the division in `Jelser, et al. vs. Newby, et al.,' Special Proceeding No. 415." Defendants Lewis realize that their claim must fail if the disputed land was in fact intended to be covered...

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