McDOWELL v. McDOWELL

No. 828SC262.

301 S.E.2d 729 (1983)

Richard L. McDOWELL and wife, Merle B. McDowell v. Kate B. McDOWELL and East Federal Savings & Loan Association.

Court of Appeals of North Carolina.

April 19, 1983.


Attorney(s) appearing for the Case

White, Allen, Hooten, Hodges & Hines by John R. Hooten, Kinston, for petitioners-appellants.

Barker, Kafer & Mills by Charles William Kafer, New Bern, for respondent-appellee McDowell.


JOHNSON, Judge.

The issue raised by this appeal is whether the court erred in granting the respondent's motion for summary judgment, thereby dismissing the petition for partition. On a motion for summary judgment, under N.C. G.S. 1A-1, Rule 56, the movant has the burden of showing that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Vassey v. Burch, 301 N.C. 68,

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