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FRYE v. ARRINGTON

No. 813SC1076.

292 S.E.2d 772 (1982)

Lewis W. FRYE and wife, Virginia Frye v. William W. ARRINGTON and wife, Lillian P. Arrington; Edward T. Arrington and wife, Louise Arrington; Lessie Arrington, single; Mary A. Davis and husband, Donald Davis; William A. Taylor and wife, Carol Taylor; Edgar H. Taylor and wife, Charlene N. Taylor; and Lillian T. Piner and husband, John Piner.

Court of Appeals of North Carolina.

July 6, 1982.

Attorney(s) appearing for the Case

Nelson W. Taylor, III, Morehead City, for plaintiffs appellants.

Wheatly, Wheatly & Nobles, by John E. Nobles, Jr., Beaufort, for defendants appellees.

VAUGHN, Judge.

Summary judgment is proper only when there is no genuine issue as to any material fact and one party is entitled to judgment as a matter of law. Brenner v. School House, Ltd., 302 N.C. 207, 274 S.E.2d 206 (1981). In the present action, both parties are in agreement as to the facts. The controversy centers on the construction to be given the reservation found in the description and the habendum. Plaintiffs...

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