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LACKEY v. TRIPP

No. 8213DC585.

306 S.E.2d 464 (1983)

B.P. LACKEY, Margaret Lackey v. Daught E. TRIPP, Jr., and Ronald Lee Tripp. Leonard F. MOSS, Thomas M. Moss, Ellene B. Moss and Sarah M. Pratt v. Daught E. TRIPP, Jr., and Ronald Lee Tripp. Josephine E. REES v. Daught E. TRIPP, Jr., and Ronald Lee Tripp.

Court of Appeals of North Carolina.

September 6, 1983.

Attorney(s) appearing for the Case

Newton, Harris & Shanklin by Kenneth A. Shanklin, Wilmington, and Powell & Smith by William A. Powell, Shallotte, for plaintiffs-appellees.

Lee & Lee by J.B. Lee, Whiteville, for defendants-appellants.

PHILLIPS, Judge.

The defendants' three principal assignments of error relate to the court basing its judgment in favor of the plaintiffs on the quitclaim deeds they received from the State. The judgment is based upon a correct interpretation of G.S. 146-6. Subsection (d) of that statute states in part:

Provided, however, that if in any process of dredging, by either the State or federal government, for the purpose of deepening any harbor or inland waterway...

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