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SHEETS v. SHEETS

No. 8123SC934.

291 S.E.2d 300 (1982)

Margie E. SHEETS v. Clifford B. SHEETS, J. B. Shaver and wife, Dare M. Shaver, and B. A. Shaver.

Court of Appeals of North Carolina.

May 18, 1982.

Attorney(s) appearing for the Case

W. G. Mitchell, North Wilkesboro, for respondents Shaver.

George G. Cunningham, Wilkesboro, for respondent Sheets.

HARRY C. MARTIN, Judge.

Our courts have, on numerous occasions, applied the law of constructive ouster. See Dobbins v. Dobbins, 141 N.C. 210, 53 S.E. 870 (1906); Thomas v. Garvan, 15 N.C. 223 (1833); Collier v. Welker, 19 N.C. App. 617, 199 S.E.2d 691 (1973). The rule has been criticized as penalizing a co-tenant out of possession for "sleeping on his rights," when under...

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