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COUCH v. ADC REALTY CORP.

No. 7914SC534.

268 S.E.2d 237 (1980)

48 N.C. App. 108

Leamon Ford COUCH and wife, Gladys A. Couch v. ADC REALTY CORP., Arlen Realty Management, Inc., Arlen Realty, Inc., and Cameron-Brown Company.

Court of Appeals of North Carolina.

August 5, 1980.

Attorney(s) appearing for the Case

Nye, Mitchell, Jarvis & Bugg by Charles B. Nye and John E. Bugg, Durham, for plaintiffs-appellees.

Fairley, Hamrick, Monteith & Cobb by James D. Monteith and F. Lane Williamson, and Newsom, Graham, Hedrick, Murray, Bryson & Kennon by Josiah S. Murray, III, Durham, for defendants-appellants.

WEBB, Judge.

The order dated 2 April 1979, which was, in effect, a final judgment terminating the defendants' interest in the leasehold estate, contained a recital "the nature of the action was for summary ejectment." Summary ejectment is governed by Art. 3 of Chapter 42 of the General Statutes. It is allowed on five days' notice in certain cases and claims for summary ejectment are first heard before magistrates. The summons in the case sub judice were not returnable...

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