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WOODLIEF v. JOHNSON

No. 8413DC1002.

330 S.E.2d 265 (1985)

Joe P. WOODLIEF, Sr. and Wife, Susan S. Woodlief, Joe P. Woodlief, Jr. and Wife, Mable Woodlief, Glenn Brayton Adams and Wife, Deborah Young Adams, Lillie Belle Jones, Everette C. Moore and Wife, Dorothy L. Moore, Emerson Disston Beecher, Jr., and Wife, Shirley Ann Beecher, James A. Stroud and Wife, Jo Ann Stroud, Donald Annas and Wife, Linda Annas, Wilma Pearce Underwood and Husband, Robert Rodney Underwood, C.B. Sorrell and Wife, Ruby Sorrell, Jimmy W. Watkins, Willie E. Averett, William V. Dodson, Gay Perry, Paul C. Jones and Wife, Peggy P. Jones, Joseph C. Bailey and Wife, Connie F. Bailey, Shirley L. Williams, Frances Q. Roberts, Leonard King, Clayton Ray Morton, Jimmy Jackson, David Grimes, Charles Leo Alford, Hubert Crabtree, and Victor E. Dillard v. Tony Lee JOHNSON, E.B. Flynt, Jack Firth, James Brown, Wade A. Harris, Lonnie Whitlow, Ottis S. Jackson, Milton Davis, Ronald Mercer, Oscar L. Huggins, James Averitte, Charles L. Anglin, III, Richard Girdwood, Belvin Strickland, Oscar Harris, Dr. Jay Howard, Robbie Caison, Hubert Davis, Milton Davis, Estate of Jack Brown, Howard Wilson, Donald W. Hoyle, James D. McPhail, Billy G. Strickland, Charles T. Weatherspoon, and Ann Cheatham.

Court of Appeals of North Carolina.

June 4, 1985.

Attorney(s) appearing for the Case

Moore, Melvin & Wall by James R. Melvin and Alan I. Maynard, Elizabethtown, for plaintiffs-appellees.

Grady, Grady, & Greene by Gary A. Grady, Elizabethtown, for defendants-appellants.

EAGLES, Judge.

I

Defendants first assign as error the trial court's denial of their motion to dismiss pursuant to G.S. 1A-1, Rule 41 made at the close of plaintiffs' evidence and the trial court's findings of fact and conclusions of law that the 1956 deed recorded at Book 133, Page 502, Bladen County Registry, creates an express grant of an easement to both plaintiffs and defendants over Godwin Street.

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