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JONES v. SWAIN

No. 8710DC1127.

367 S.E.2d 136 (1988)

89 N.C. App. 663

Robert L. JONES, as Trustee for William Isaac Swain, Under the Will of William E. Swain, and Marie Renee Swain v. Kimberly SWAIN.

Court of Appeals of North Carolina.

April 19, 1988.

Attorney(s) appearing for the Case

Manning, Fulton & Skinner by Robert S. Shields, Jr., Raleigh, for plaintiffs, appellees.

Dan Lynn, Raleigh, for defendant, appellant.

HEDRICK, Chief Judge.

The question before us is whether the district court had authority to enter summary judgment for plaintiffs summarily evicting defendant from the premises at 1705 Oberlin Road.

G.S. 42-26 states:

Any tenant or lessee of any house or land, and the assigns under the tenant or legal representatives of such tenant or lessee, who holds over and continues in the possession of the demised premises, or any part thereof, without the permission...

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