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PHIPPS v. ROBINSON

Nos. 87-3097, 87-3098.

858 F.2d 965 (1988)

Howard PHIPPS, Jr., and wife, Mary N.S. Phipps, Plaintiffs-Appellants, v. Charles ROBINSON, Jr., and wife, Vinita G. Robinson; Ramona Wilson Hunter, and husband, William A. Hunter; John E. Dell and wife, Ann B. Dell; The Sea Gull Motel Inc.; Sybil A. Fetterroll, and husband, Charles Fetterroll; Ruby Austin Moser; Joseph Leonard Moser, Defendants-Appellees, and Ralph H. Hodges, Jr., as Trustee; Cooperative Savings and Loan Association, as Beneficiary; G. Irvin Aldridge, as Trustee; Marjorie A. Newton, and husband, C.C. Newton, Jr., as Beneficiaries; W.H. McCown, as trustee; Josephine Oden, as Beneficiary, Defendants. Howard PHIPPS, Jr., and wife, Mary N.S. Phipps, Plaintiffs-Appellees, v. Charles ROBINSON, Jr., and wife, Vinita G. Robinson; Ramona Wilson Hunter, and husband, William A. Hunter; John E. Dell and wife, Ann B. Dell; The Sea Gull Motel Inc; Sybil A. Fetterroll, and husband, Charles Fetterroll; Ruby Austin Moser; Joseph Leonard Moser, Defendants-Appellants, and Ralph H. Hodges, Jr., as Trustee; Cooperative Savings and Loan Association, as Beneficiary; G. Irvin Aldridge, as Trustee; Marjorie A. Newton, and husband, C.C. Newton, Jr., as Beneficiaries; W.H. McCown, as trustee; Josephine Oden, as Beneficiary, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 11, 1988.

Attorney(s) appearing for the Case

William Glenn McNairy, S. Leigh Rodenbough (James T. Williams, Jr., Randall A. Underwood, Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, N.C., on brief), for plaintiffs-appellants.

Roy A. Archbell, Jr. (Shearin & Archbell, Kitty Hawk, N.C., on brief), for defendants-appellees.

Before WIDENER and WILKINSON, Circuit Judges, and BULLOCK, District Judge for the Middle District of North Carolina, sitting by designation.

WIDENER, Circuit Judge:

This claim arises out of a dispute over real property claimed by several parties under three original land grants. The property has been divided into six lots, six separate defendants disputing the plaintiffs' claim of ownership of all six parcels. The plaintiffs commenced six separate suits. Four suits were framed as actions to quiet title, with the remaining two as actions in ejectment. The actions were consolidated in the district court...

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