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JOHNSON v. BURROW

No. 7819SC418.

256 S.E.2d 811 (1979)

42 N.C. App. 273

Grace Willie JOHNSON and husband, Hoyt Johnson, of Randolph County, Petitioners, v. William Kelly BURROW and wife, Jane J. Burrow, Judy B. Isaacson and husband, Paul Isaacson, Jack Thomas Upton and wife, Lola Comer Upton, all of Randolph County, North Carolina, William W. Burrow by his guardian ad litem, Solonia Frances Burrow, and his wife, Solonia Frances Burrow, of Randolph County, North Carolina, Don Thomas Upton and wife, Jeannie Upton, Carolyn Urrp (Earp) and husband, Larry Urrp (Earp), and Lula C. Upton, all of Mecklenburg County, North Carolina, Respondents.

Court of Appeals of North Carolina.

July 17, 1979.

Attorney(s) appearing for the Case

Richard H. Robertson, Charlotte, for respondent-appellant, Lula C. Upton.

Coltrane, Gavin & Pugh by Alan V. Pugh, Asheboro, for petitioners-appellees, Grace Willie Johnson and her husband, Hoyt Johnson.

Ottway Burton, Asheboro, for respondents-appellees, William Kelly Burrow and his wife, Jane J. Burrow; Judy B. Isaacson and her husband, Paul Isaacson; Jack Thomas Upton and his wife, Lola Comer Upton; William W. Burrow by his Guardian ad litem, Solonia Frances Burrow, and his wife, Solonia Frances Burrow.

MORRIS, Chief Judge.

The first question which must be answered on this appeal is whether the Alvis Upton deeds conveyed the land in question to John K. Upton and his wife, Addie B. Upton as tenants by the entirety. The court concluded that the deeds did not create an estate by the entirety. We are constrained to agree.

In all three deeds the names of J. K. Upton or John K. Upton and his wife, A. B. or Addie Upton...

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