KENNEDY v. WHALEY

No. 814SC154.

285 S.E.2d 621 (1982)

Alice Houston KENNEDY, John Henry Kennedy, Jr., Frances Kennedy Mathieson & Husband, James Eric Mathieson, James Kennedy, Carolyn Kennedy Blake, Patsy Ann Kennedy Bryson & Husband, Jerry Bryson, Dortha Kennedy Campbell & Husband, Elton Ray Campbell, Vertie Mae Williams Kennedy (Widow), Annette Kennedy Canady & Husband, William Arthur Canady, Sr., Jeanette Kennedy Foy & Husband, Renzell Foy, Harry G. Brown (Widower), Bonnie Lou Kennedy Willaford & Husband, Leroy Willaford, William Pickett Kennedy & Wife, Rhonda Jarman Kennedy, Diana Sue Kennedy Gwynn & Husband, Leonard Philip Gwynn, Sharon Patrice Kennedy Edwards & Husband, Gardner Eugene Edwards, Braxton George Kennedy & Wife, Delphia Costin Kennedy, Kathleen Kennedy Jones (Widow), Albert Kennedy & Wife, Rachel Tyndall Kennedy, Eliza Kennedy Fountain & Husband, Murphy Fountain, Arthur Kennedy & Wife, Ruby Summerlin Kennedy, & Ruby Kennedy Tyndall & Husband, Lynwood Tyndall v. Ida WHALEY, Walter Whaley, Jr., & Wife, Louise Whaley, Elenor Marie Whaley Coley & Husband, Ray Coley, Reba Faye Whaley Thigpen & Husband, Gerald Thigpen, Annette Whaley Cavenaugh & Husband, Gene Cavenaugh, Virginia Whaley Ball & Husband, Dewey Ball, Vance B. Gavin, Trustee, Grady Mercer, Sr., Trustee, Coastal Production Credit Association, Barbara Horne & Irene Cole.

Court of Appeals of North Carolina.

January 5, 1982.


Attorney(s) appearing for the Case

Kornegay, Rice & Edwards P. A., by Robert T. Rice, Mount Olive, for plaintiffs-appellants.

Vance B. Gavin and Russell J. Lanier, Jr., Kenansville, for defendants-appellees.


MORRIS, Chief Judge.

Plaintiffs argue that the court erred in ruling that the foreclosure sale divested them of any claim of title to the property. They also allege error in the court's ruling that defendants had acquired title by adverse possession for more than 20 years and for more than seven years under color of title, urging that land cannot be held adversely to the interests of the remaindermen.

This case turns on the issue of whether defendants may...

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