PHIPPS v. PALEY

No. 871SC981.

368 S.E.2d 21 (1988)

Howard PHIPPS, Jr. and Wife, Mary N.S. Phipps v. Warren D. PALEY and Wife, Claire Paley; and Ronald Austin, Jr.

Court of Appeals of North Carolina.

May 17, 1988.


Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey and Leonard by James T. Williams, Jr., William G. McNairy, Randall A. Underwood, and S. Leigh Rodenbough, IV, Greensboro, for plaintiffs-appellants.

Bailey and Dixon by John N. Fountain and E. Parker Herring, Raleigh, for defendants-appellees.


PARKER, Judge.

The two questions presented for review by this appeal are: (i) whether the trial court erred in entering summary judgment based on the defense of collateral estoppel and (ii) whether the trial court erred in entering partial summary judgment based on defendants' claim of adverse possession under color of title. For the reasons stated herein, we reverse the summary judgment.

I. Collateral Estoppel

Defendants' plea of collateral estoppel...

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