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RUDISAIL v. ALLISON

No. 9129DC1084.

424 S.E.2d 696 (1993)

Ada Dalton RUDISAIL and Howard Rudisail v. Connie ALLISON and Maudine O. Allison.

Court of Appeals of North Carolina.

January 19, 1993.

Attorney(s) appearing for the Case

James H. Toms & Associates, P.A. by James H. Toms and Christopher A. Bomba, Hendersonville, for plaintiffs-appellants.

Prince, Youngblood, Massagee & Jackson by Sharon B. Ellis and Frank B. Jackson, Hendersonville, for defendants-appellees.

GREENE, Judge.

Plaintiffs Ada Dalton Rudisail and Howard Rudisail (the Rudisails) appeal from the trial court's grant of summary judgment in favor of defendants Connie and Maudine O Allison (the Allisons).

Mrs. Rudisail and the Allisons own adjoining property in Henderson County. Mr. Rudisail has a marital interest in Mrs. Rudisail's property. In 1961 the Allisons constructed a house on their property. In 1967 the Rudisails erected a fence which

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