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HODGES v. WINCHESTER

No. 8630SC1343.

358 S.E.2d 81 (1987)

William H. HODGES and wife, Betty L. Hodges, John Legg and wife, Margaret Legg, and Douglas H. Starr and wife, Henrietta Starr v. Russell WINCHESTER and wife, Rona K. Winchester; Ralph W. Winchester and wife, Lois Winchester; and H.S. Ward, Jr., Trustee for Clyde Savings and Loan Association.

Court of Appeals of North Carolina.

July 21, 1987.

Attorney(s) appearing for the Case

Siler & Clark by Keith L. Clark, Franklin, for plaintiffs-appellees.

Smith, Bonfoey & Queen by Frank G. Queen, Waynesville, for defendants-appellants.

PHILLIPS, Judge.

The plaintiffs and the defendants own adjoining tracts of Swain County land that have a common source of title. Defendants' property is located between Sawmill Creek Road, a state maintained road, and plaintiffs' property, which is essentially a mountain cove surrounded by mountain ridges. Before this action was brought plaintiffs' property was served by an old service road that ran across defendants' property to Sawmill Creek Road. When defendants...

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