NICHOLS v. WILSON

No. 937SC391.

448 S.E.2d 119 (1994)

116 N.C. App. 286

Lawton E. NICHOLS and wife, Zilphia Marie High Nichols, Glenwood H. Perry and wife, Jean F. Perry, Plaintiffs, v. Sanford Earl WILSON, and wife, Agnes Wilson, Defendants. Sanford Earl WILSON and wife, Agnes Wilson, Plaintiffs, v. Lawton E. NICHOLS and wife, Zilphia Marie High Nichols, Glenwood H. Perry and wife, Jean F. Perry, Defendants.

Court of Appeals of North Carolina.

September 6, 1994.


Attorney(s) appearing for the Case

Connor, Bunn, Rogerson & Woodard, P.A. by David M. Connor, and Narron, Holdford, Babb, Harrison & Rhodes, P.A. by C. David Williams, Wilson, for plaintiffs-appellees (the Nichols and Perrys).

Lee, Reece & Weaver by Cyrus F. Lee and Rachel V. Lee, Wilson, for defendants-appellants (the Wilsons).


ORR, Judge.

This case, which involves a property-line dispute, has seen two jury trials and one attempted appeal to this Court in its ten-year history. The property at issue, which includes an old mill pond and surrounding property in Old Fields Township in Wilson County, was once owned in its entirety by J.J. Wilson, who died in 1928. The mill pond was first created when J.J. Wilson built an earthen dam on the Mill Branch, as a source of water power for a grist mill...

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