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BOGER v. GATTON

No. COA95-806.

473 S.E.2d 672 (1996)

Carl Dean BOGER and wife, Martha S. Boger, and O.L. Stroud, and wife, Pauline Johnson Stroud, Plaintiffs, v. John GATTON, Jr. and wife, Mary Ann Gatton, Defendants.

Court of Appeals of North Carolina.

August 20, 1996.

Attorney(s) appearing for the Case

Franklin Smith, Elkin, for plaintiffs-appellees.

Eisele & Ashburn, P.A. by Douglas G. Eisele, Statesville, for defendant-appellant Mary Ann Gatton.

LEWIS, Judge.

In this appeal, defendant Mary Ann Gatton seeks to overturn a jury determination that plaintiffs have a prescriptive easement over her property.

Evidence of the following chain of events was presented at trial. Plaintiffs own a 112 acre farm that lies approximately one-half mile off of Highway 901 near Harmony in Iredell County. At the time this action was filed, defendants John Gatton, Jr. (now deceased) and his wife, Mary Ann Gatton, owned...

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