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GREGORY v. FLOYD

No. 922DC454.

435 S.E.2d 808 (1993)

Patti Jean GREGORY, Johnnie B. Lyttle, A.C. Sewell, T.A. Sewell and wife, Nadine S. Sewell, Emily G. Turner, Wilson E. Anderson, and Lida M. Stapleton, Plaintiffs, v. Anna F. FLOYD and Thomas E. Newman, Defendants.

Court of Appeals of North Carolina.

November 2, 1993.

Attorney(s) appearing for the Case

Carter, Archie & Hassell, by Sid Hassell, Jr., Washington, for plaintiffs-appellants.

Ward & Smith, P.A., by John M. Martin, Greenville, for defendant-appellee Thomas E. Newman.

Davis & Davis, by George Thomas Davis, Jr., Swan Quarter, for defendant-appellee Thomas E. Newman.

Rodman, Holscher, Francisco, & Peck, P.A., by Edward N. Rodman, Washington, for defendant-appellee Anna F. Floyd.

JOHNSON, Judge.

This is an action brought by plaintiff homeowners in a subdivision in response to plans by the original owner of the entire subdivision to sell off the remaining portions of the land, in particular, a portion believed to be a "common area," identified on the recorded plat as "BEACH."

The facts of this appeal are as follows: On 14 October 1970, E.V. Floyd (now deceased) and wife, defendant Anna F. Floyd, had a survey prepared and recorded with...

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