HEATH v. TURNER

No. 814SC636.

294 S.E.2d 392 (1982)

Mary Lee HEATH and son, Kenneth Lee Heath v. T. J. TURNER and wife, Evelyn Turner; Graham Turner and wife, Frances Turner; Lloyd Kennedy and wife, Lois Kennedy.

Court of Appeals of North Carolina.

September 7, 1982.


Attorney(s) appearing for the Case

Fred W. Harrison, Kinston, for plaintiffs-appellants and appellees.

Vance B. Gavin, Kenansville, for defendants-appellants and appellees T. J. Turner and Evelyn Turner.

Russell J. Lanier, Jr., Kenansville, for defendants-appellants and appellees Lloyd Kennedy and Lois Kennedy.


WEBB, Judge.

The plaintiffs do not argue an assignment of error as to the court's ruling on Lots 2, 6 and 7 of the Margaret Hall tract. They do argue that the court erred in limiting their interest to a 3/11 undivided interest in Lots 3, 4 and 5. The defendants assign error to the court's failure to hold that they are entitled to all the interest in these three lots. The defendants claim their title to Lots 3, 4 and 5 based on a deed from B. F. Hobgood, Sr. who had...

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