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HIGGINS v. PATTON

No. 9028SC860.

401 S.E.2d 854 (1991)

Kenneth HIGGINS and Wife, Kathleen Higgins v. Robert PATTON, Jr. and Nancy Patton.

Court of Appeals of North Carolina.

March 19, 1991.

Attorney(s) appearing for the Case

Talmage Penland, Asheville, for plaintiff-appellant.

Shuford, Best, Rowe, Brondyke & Wolcott by James Gary Rowe, Asheville, for defendant-appellees.

GREENE, Judge.

Kenneth Higgins (plaintiff) appeals the trial court's order filed 4 May 1990 granting the defendants' N.C.G.S. § 1A-1, Rule 11 motion for sanctions against the plaintiff.

In January of 1989, Charles and Joy Higgins received a judgment in the Buncombe County Superior Court under which they were granted an easement by implication across land owned by Charles' brother, who is the plaintiff, and the plaintiff's wife. According to the judgment...

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