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TERRY v. BROTHERS INV. CO.

No. 8426SC1332.

334 S.E.2d 469 (1985)

J. Russell TERRY, Plaintiff Appellant, v. BROTHERS INVESTMENT COMPANY, Defendant Appellee and Third Party Plaintiff Appellant, v. John Bass BROWN, Mildred B. Montgomery, Sutherland M. Brown, Carrie M. Gilchrist, Dolph M. Young, Sadie Young Holland, Peter M.B. Young, and William P. Young, Third Party Defendant, Appellees.

Court of Appeals of North Carolina.

October 1, 1985.

Attorney(s) appearing for the Case

Kenneth W. Parsons, Charlotte, for plaintiff-appellant.

Parker, Poe, Thompson, Bernstein, Gage and Preston by William E. Poe and Irvin W. Hankins, III, Charlotte, for defendant-appellee and third-party plaintiff-appellant.

Murchison, Guthrie and Davis by Alton G. Murchison, III, Charlotte, for third-party defendant-appellees.

EAGLES, Judge.

I

The first issue to be decided here is whether the plaintiff holds the Property subject to the Gallaway lease. We hold that he does.

The plaintiff contends that he holds the Property free and clear of the Gallaway lease because at the time he acquired the Property the lease had not been recorded as required by the Conner Act. G.S. 47-18.

The portion of the Act on which plaintiff...

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