TOWN OF WINTON v. SCOTT

No. 856SC1155.

342 S.E.2d 560 (1986)

The TOWN OF WINTON v. John A. SCOTT; Mrs. John A. Scott; John W. Eley; Janice B. Eley; Armstead Vann; Heirs, Devisees, and All Other Persons Claiming Under Armstead Vann; Matilda Vann; Heirs, Devisees, and All Other Persons Claiming Under Matilda Vann; Solomon Vann; Heirs, Devisees and All Other Persons Claiming Under Solomon Vann; Sarah Vann; Heirs, Devisees, and All Other Persons Claiming Under Sarah Vann; Arzula Vann; Heirs, Devisees, and All Other Persons Claiming Under Arzula Vann.

Court of Appeals of North Carolina.

May 6, 1986.


Attorney(s) appearing for the Case

Revelle, Burleson, Lee & Revelle by L. Frank Burleson, Jr., Murfreesboro, for Town of Winton.

Robert C. Jenkins as guardian ad litem, Ahoskie, for appellants Vann.

Moore, Wright & Hardison by Thomasine E. Moore and Paul A. Hardison, and Bowen C. Tatum, Jr., Jacksonville, for appellants Scott and Eley.


ARNOLD, Judge.

First we note that this is an appeal from an interlocutory order and as such is subject to dismissal. Nevertheless, we treat this matter as a petition for a writ of certiorari, and in our discretion allow the same.

SCOTT AND ELEY APPEAL

These appellants contend the court erred by awarding Matilda Vann or her successors any interest in the sixty-acre tract of land. We disagree.

The Scotts first contend that they obtained title...

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