RICE v. RANDOLPH

No. 8824SC1172.

384 S.E.2d 295 (1989)

Champ RICE and wife Sophia Rice, Plaintiff-Appellants, v. Douglas Gordon RANDOLPH and wife, Janice Diane Randolph, Defendant-Appellees.

Court of Appeals of North Carolina.

October 17, 1989.


Attorney(s) appearing for the Case

Ball, Kelley & Arrowood, P.A. by Ervin L. Ball, Jr., Asheville, for plaintiff-appellants.

Huff and Huff by Stephen E. Huff, Marshall, for defendant-appellees.


COZORT, Judge.

Plaintiffs brought suit to enjoin defendants from interfering with plaintiffs' user rights in an easement or right of way created by deeds referencing a recorded plat of a subdivision in which the parties' land is located. Defendants raised abandonment of the easement as a defense and also counterclaimed for a declaration of their rights to the land described in their deed, which purported to convey fee ownership to a tract of land consisting of a portion...

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