STONE v. CONDER

No. 7911SC744.

264 S.E.2d 760 (1980)

Garland L. STONE, Robert O. Stone, Raymond L. Stone, William M. Stone, Albert Archie Stone, Margie Ann Bryant and Mary Frances Wineberger v. Y. Mack CONDER and Rosalie W. Conder, Wayne S. Phillips and wife, Nadine C. Phillips, Jimmy Love, Trustee, Sanford Savings & Loan Association, William H. Woody and wife, Gisela S. Woody, W. W. Seymour, Trustee, First Federal Savings & Loan Association of Sanford, J. Allen Harrington, Trustee, The Carolina Bank, Heins Telephone Company, Carolina Power & Light Company and City of Sanford.

Court of Appeals of North Carolina.

April 15, 1980.


Attorney(s) appearing for the Case

Grover C. McCain, Jr., and Robert B. Jervis, Durham, for plaintiffs-appellants.

George M. McDermott and J. W. Hoyle, Sanford, for defendants-appellees.


HILL, Judge.

Counsel have stipulated that the applicability of the Rule in Shelley's case shall not be presented to the Court at this time. Therefore, we do not discuss that issue.

One question is presented for our consideration. Did the trial court err in granting summary judgment for the defendants on the ground that the plaintiff's action was barred?

We note the trial judge made it clear that in summarizing the facts that he was not making findings...

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