CASSTEVENS v. CASSTEVENS

No. 8223DC607.

304 S.E.2d 623 (1983)

Grace H. CASSTEVENS (widow); Martha Jane Casstevens, single; Dorothy Jean C. King, and husband, Fred F. King: Viola K. Casstevens (widow); and Helen Beth C. Clark and husband, Paul Gene Clark v. Thelma S. CASSTEVENS (widow); Harold H. Casstevens and wife, Wilma C. Casstevens, Jay Thad Casstevens and wife, Jacqueline B. Casstevens; Nelson M. Casstevens, Sr., and wife, Ethel C. Casstevens; Nelson M. Casstevens, Jr., and wife, Barbara T. Casstevens; Nora S. Sprouse (widow) Jay Casstevens, Executor of the Estate of Marvin Hugh Sprouse.

Court of Appeals of North Carolina.

July 5, 1983.


Attorney(s) appearing for the Case

Randleman, Randleman & Randleman by Richard N. Randleman, Yadkinville, for petitioners-appellants.

Shore & Hudspeth by Henry B. Shore and N. Lawrence Hudspeth, III, Yadkinville, for respondents-appellees.


ARNOLD, Judge.

This case presents two questions. First, did the respondents adversely possess the land in question to the exclusion of their co-tenants, the petitioners? Second, did the response of the petitioners to the 17 October 1979 letter toll the adverse possession by the respondents, or was the filing of their petition for partition the only act which could halt the running of time?

Under G.S. 1-40, adverse possession against an individual without color...

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