COBB v. SPURLIN

No. 8426SC617.

327 S.E.2d 244 (1985)

Edwin H. COBB and Wife Daisy D. Cobb v. Ted L. SPURLIN and Wife Mary F. Spurlin.

Court of Appeals of North Carolina.

March 19, 1985.


Attorney(s) appearing for the Case

Richard S. Clark and Bobby H. Griffin, Monroe, for petitioners-appellees.

Haywood, Carson & Merryman by Charles B. Merryman, Jr., Charlotte, for respondents-appellants.


EAGLES, Judge.

I

We note at the outset that petitioners filed before the Clerk of Superior Court, Mecklenburg County, for a determination of a boundary line. Where the only issue to be tried is the location of a dividing line, it is a processioning proceeding under G.S. 38-1, et seq. See, Cornelison v. Hammond, 225 N.C. 535, 35 S.E.2d 633 (1945). However, where title to the land is put in issue the clerk has no authority to pass on any question involved...

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