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NORTH CAROLINA R. CO. v. FERGUSON BUILDERS SUPPLY, INC.

No. 903SC768.

407 S.E.2d 296 (1991)

103 N.C. App. 768

NORTH CAROLINA RAILROAD COMPANY, v. FERGUSON BUILDERS SUPPLY, INC., a Corporation; Morehead Builders Supply Co., a Corporation; Becker Building Supply, Co., a Corporation; Pine State Creamery Company, a Corporation; Mart L. Bell and Sons Paving Contractors, a Corporation; Mart L. Bell, Sr. and his wife, Mary G. Bell; Wade & Lewis, Inc., a Corporation; Wade & Lewis Heating & Air Conditioning, Inc., a Corporation; Paul W. Lewis and his wife, Sandra S. Lewis; Wachovia Bank & Trust Company, N.A., Executor of the Estate of George R. Ballou Wachovia Bank & Trust Company, N.A., Trustee; Mildred H. Ballou; Hobert Kelly and his wife, Patricia M. Kelly; John Hamad; Bolton Corporation, a Corporation.

Court of Appeals of North Carolina.

Decided August 20, 1991.

Attorney(s) appearing for the Case

Wheatly, Wheatly, Nobles, Weeks & Wainwright, P.A. by J. Christy Maroules, Beaufort, for plaintiff-appellant.

Bennett, McConkey, Thompson, Marquardt & Wallace, P.A. by Thomas S. Bennett and Samuel A. McConkey, Jr., Morehead, for defendants-appellees.

WYNN, Judge.

On 18 December 1980, the Atlantic and East Carolina Railway Company (hereinafter "A & EC") instituted a civil action against the above-named defendants or their predecessors in title. The complaint alleged, inter alia, that A & EC, as a lessee, was in possession of certain lands upon which the defendants were continuously trespassing. The complaint also alleged that Atlantic and North Carolina Railroad Company (hereinafter "A & NC"...

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