ALLEN v. DUVALL

No. 437PA83.

316 S.E.2d 267 (1984)

W.R. ALLEN and wife, Annette Allen v. Roy Lee DUVALL, Melba Jean Duvall and Charlie Byrd Duvall.

Supreme Court of North Carolina.

June 5, 1984.


Attorney(s) appearing for the Case

Erwin, Winner & Smathers, P.A. by Patrick U. Smathers, Canton, for plaintiffs-appellants.

Redmond, Stevens, Loftin & Currie, by Thomas R. West, Asheville, for defendants-appellees.


MARTIN, Justice.

We granted discretionary review in this case to consider the single question: Was the language quoted above in the 7 October 1914 deed to W.S. McCracken, predecessor in title to defendants, sufficient as a matter of law to create by express reservation the appurtenant easements claimed by plaintiffs?

We hold that it was sufficient and reverse the decision of the Court of Appeals and remand this case for reinstatement of the judgment of the...

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