TOWN OF CHAPEL HILL v. BURCHETTE

No. 8915SC1234.

394 S.E.2d 698 (1990)

100 N.C. App. 157

The TOWN OF CHAPEL HILL, Plaintiff-Appellee, v. Joseph BURCHETTE and Elsie Sessom Burchette, Defendants-Appellants.

Court of Appeals of North Carolina.

August 21, 1990.


Attorney(s) appearing for the Case

Haywood, Denny, Miller, Johnson, Sessoms & Patrick by Michael W. Patrick and Marilyn A. Bair, Chapel Hill, for plaintiff-appellee.

Loflin & Loflin by Thomas F. Loflin, III, Durham, for defendants-appellants.


WELLS, Judge.

Defendants attempt to argue that because they held the property as tenants by the entirety, plaintiff could not acquire title to their interest unless it did so simultaneously. In support of this argument defendants rely on plaintiff's failure to name Elsie Burchette as a defendant in the original complaint. We note that defendants did not raise this argument below. A contention not raised in the trial court may not be raised for the first time on appeal...

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