HORNE v. FLACK

No. 8329SC402.

315 S.E.2d 539 (1984)

Sevil HORNE and wife, Nell Horne; Marjorie MacDonald and husband, Joe MacDonald; Helen Martin and husband, Cecil Martin; Eunice Horne, widow and Willie T. Horne, widow v. Charles FLACK, Jr., and wife, Jane Flack.

Court of Appeals of North Carolina.

June 5, 1984.


Attorney(s) appearing for the Case

Robert W. Wolf and George R. Morrow, Forest City, for defendants-appellants.

Hamrick, Bowen, Nanney & Dalton, by Walter H. Dalton, Rutherfordton, for plaintiffs-appellees.


BECTON, Judge.

This case involves an appeal from an order declaring plaintiffs in compliance with a consent judgment. Finding no error of law, we affirm.

The parties own adjacent buildings which share a common stairway. The stairway is on defendants' property, but plaintiffs had an easement to use it; the stairway was the sole access to the second and third stories of plaintiffs' building. In 1980 plaintiffs sued for an injunction to prevent defendants from...

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