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WIGGINS v. SHORT

No. COA95-518.

469 S.E.2d 571 (1996)

122 N.C. App. 322

Emmett H. WIGGINS, Plaintiff, v. Patsy Ann L. SHORT, Mary L. Lowell, Charlotte Amanda L. Munger, Mark Brickhouse, and Evelyn B. Lowell, Trustee for the Albania Trust, Defendants

Court of Appeals of North Carolina.

May 7, 1996.

Attorney(s) appearing for the Case

Moseley, Elliott & Sholar, L.L.P. by Bradley A. Elliott and Terry M. Sholar, Roanoke Rapids, for plaintiff appellant.

Max S. Busby, P.A. by Max S. Busby, Edenton, for defendant appellee.

SMITH, Judge.

Plaintiff appeals from judgment entered by the trial court denying a mandatory injunction for removal of a gate and fence from a section of roadway over which plaintiff claimed a right-of-way. After careful review of the record, we affirm.

The record reveals that in 1940, M.G. Brown Company, Inc., conveyed a certain portion of its property in Chowan County, North Carolina to Pattie C. Brown (the 1940 conveyance). The conveying instrument also...

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