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TINDALL v. WILLIS

No. 883DC1251.

382 S.E.2d 778 (1989)

Angus TINDALL and wife, Elizabeth Tindall, Plaintiffs, v. Norma WILLIS, Robert Darrell Willis, Kerry Willis, Dianne Willis, and Brenda W. Long, Defendants.

Court of Appeals of North Carolina.

September 5, 1989.

Attorney(s) appearing for the Case

Wheatly, Wheatly, Nobles, Weeks & Wainwright, P.A. by J. Christy Maroules, Beaufort, for plaintiffs-appellees.

Henderson, Baxter & Alford, P.A. by David S. Henderson, New Bern, for defendants-appellants.

JOHNSON, Judge.

Plaintiffs in the present action are successors in interest to certain real property whose conveyance is recorded in Book 466, Page 70, Carteret County Registry. Their predecessors in interest, as well as defendants' predecessors in interest, were involved in a similar controversy over the same tract in 1964. At that trial two issues were presented to the jury which are as follows: (1) "Are the petitioners [plaintiffs' predecessors in interest] the...

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