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KIRKMAN v. WILSON

No. 893SC407.

390 S.E.2d 698 (1990)

98 N.C. App. 242

Roy L. KIRKMAN and wife, Lula B. Kirkman; Clinton (NMI) Kirkman and wife, Ann Lyvonne Kirkman; and James E. Kirkman (Unmarried), Plaintiffs, v. Addie WILSON (Widow); Zeno M. Everette, Jr. and wife, Carol H. Everette; Ernest F. Boyd and wife, Sybil E. Boyd; Brenda H. Manning; Louis Earl Toler and wife, Joyce D. Toler; Linwood Earl Braxton and wife, Earline Braxton; Elvira Johnson (Widow); Richard D. Jewell and wife, Patsy Johnson Jewell; and Marie H. Wise (Widow), Defendants and Third Party Plaintiffs, v. J.L. WILSON and wife, Addie Wilson; Cora Lee Bailey and husband, Dennis Bailey; Jimmy Morris and wife, Janice Marline Morris; Doris Evelyn Sadler and husband, Clem M. Sadler; Britt Annie Warren and husband, James W. Warren; Dora Lee Sumrell and husband, William H. Sumrell; Stephen Kite and wife, Julia Laura Kite; Guy C. Fornes and wife, Lena Frances Fornes; James S. Dixon and wife, Amanda Dixon; and Claudis Dixon and wife, Ada Mae Dixon, Third Party Defendants.

Court of Appeals of North Carolina.

May 1, 1990.

Attorney(s) appearing for the Case

Ward & Smith by J. Randall Hiner, Havelock, and Leigh A. Allred, New Bern, for plaintiffs-appellants.

LeBoeuf, Lamb, Leiby & MacRae by Jane Flowers Finch, Raleigh, for defendants-appellees Zeno M. Everette, Jr. and Carol H. Everette.

EAGLES, Judge.

Initially, we note that the trial court ordered a bifurcated trial because there were numerous issues in controversy. There still remain several unresolved issues of law and fact that were raised by the pleadings. After the parties agreed and stipulated that the issue raised by the Marketable Title Act was most significant, the trial judge ordered a separate trial on the issue involving the Marketable Title Act. "`Pursuant to G.S. section 1-277 and...

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