METCALF v. McGUINN

No. 8429SC670.

327 S.E.2d 51 (1985)

Elbert METCALF v. Mac Jr. McGUINN and wife, Mary P. McGuinn; George David Bradley and wife, Janie S. Bradley; George R. Bradley and wife, Bernice Bradley; Howard Bradley and wife Alice M. Bradley; John Jackson and wife, Argie Mae Jackson; and Leonard Jackson and wife, Patricia Jackson.

Court of Appeals of North Carolina.

March 19, 1985.


Attorney(s) appearing for the Case

Prince, Youngblood & Massagee by Sharon B. Ellis and Boyd B. Massagee, Jr., Hendersonville, for petitioner-appellee.

Hamrick & Hamrick by J. Nat Hamrick, Rutherfordton, for respondents-appellants.


ARNOLD, Judge.

Respondents contend that the trial judge erred in allowing petitioner to take a voluntary dismissal as to part of his petition to establish the true boundary line between his land and that of respondents. Petitioner made the motion for voluntary dismissal prior to trial in Superior Court but after the jury had been impaneled. His motion followed a motion by respondents to dismiss his petition for failure to join necessary parties, other landowners along...

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