LEONARD v. PUGH

No. 8722SC15.

356 S.E.2d 812 (1987)

Larry E. LEONARD, and Wife, Brenda Leonard (Plaintiffs-Appellants), v. James L. PUGH, and Wife, Connie W. Pugh: and Dennis W. McNames (Trustee); and Wachovia Bank & Trust Co., N.A. (Co-Trustee); and Meredith S. Finch (Co-Trustee); and Thomas Austin Finch Foundation; and James L. Tennant (Trustee); and Charles W. Wardell, and Wife, Mary M. Wardell (Defendants-Appellees).

Court of Appeals of North Carolina.

June 16, 1987.


Attorney(s) appearing for the Case

Ned A. Beeker, Lexington, for plaintiffs-appellants.

Womble Carlyle Sandridge & Rice by Robert H. Sasser, III, Winston-Salem, for defendants-appellees Dennis W. McNames, Wachovia Bank and Trust Co., Meredith S. Finch and Thomas Austin Finch Foundation.

No brief for defendants-appellees James Pugh, Connie Pugh, James L. Tennant, Charles Wardell and Mary M. Wardell.


HEDRICK, Chief Judge.

Plaintiffs first contend the trial court erred in granting the answering defendants' motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6). Plaintiffs argue in support of this contention that the allegations in the complaint are sufficient to state a claim to have the easement across their tract extinguished. We agree.

A complaint is deemed sufficient to withstand a motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6) where no insurmountable...

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