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MAY v. MARTIN

No. 8928SC1162.

392 S.E.2d 414 (1990)

99 N.C. App. 216

John L. MAY and wife, Virginia L. May, Plaintiffs, v. Fred H. MARTIN and wife, Sally B. Martin and Mitchell T. King, Defendants.

Court of Appeals of North Carolina.

June 19, 1990.

Attorney(s) appearing for the Case

Shuford, Best, Rowe, Brondyke & Wolcott by James Gary Rowe and Patricia L. Arcuri, Asheville, for plaintiffs-appellants.

Riddle, Kelly & Cagle, P.A. by E. Glenn Kelly, Asheville, for defendants-appellees.

PHILLIPS, Judge.

Plaintiffs' complaint seeking a declaratory judgment that they are entitled to an easement across the lands of the defendants was dismissed pursuant to the provisions of Rule 12(b)(6), N.C. Rules of Civil Procedure, for failing to state a claim for which relief can be granted. In substance, the complaint alleges the following: Plaintiffs and defendants own adjoining tracts of land in Buncombe County. Plaintiffs' title deed received in June, 1973 includes...

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