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SEBRELL v. CARTER

No. 9115SC239.

413 S.E.2d 1 (1992)

105 N.C. App. 322

Alice Bell SEBRELL and Husband, J. Emmett Sebrell, Daniel L. Bell, Jr. and Wife, Mary Ann Bell, Elizabeth McLin Bell, Unmarried, Susan June Peoples Trageser and Husband, Paul Joseph Trageser, Jr., Siewers Anne Trogdon and Husband, William Joseph Trogdon v. Allie W. CARTER and Wife, Montine C. Carter.

Court of Appeals of North Carolina.

February 4, 1992.

Attorney(s) appearing for the Case

Holleman and Stam by Paul Stam, Jr., Apex, for plaintiffs-appellees.

Wishart, Norris, Henninger & Pittman, P.A. by Robert J. Wishart, June K. Allison and Elizabeth Leonard McKay, Burlington, for defendants-appellants.

LEWIS, Judge.

Defendant-appellants assign error to the trial court's instruction to the jury that defendants' possession of the property in question must have been with an intent to claim title to the land occupied to support a finding of adverse possession. The judge instructed the jury in part as follows:

First, there must have been an actual possession of the 167 acres. Second, the possession must have been hostile to the true owner exclusive by the defendants...

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