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ENZOR v. MINTON

No. COA95-803.

472 S.E.2d 376 (1996)

Earl W. ENZOR and Wife, Elizabeth M. Enzor, Petitioners, v. Edward Earl MINTON and Wife, Marolyn L. Minton, Branch Banking and Trust Company, and First Fin., Inc., Trustee, Respondents.

Court of Appeals of North Carolina.

July 16, 1996.

Attorney(s) appearing for the Case

Dees, Smith, Powell, Jarrett, Dees & Jones by John W. Dees, Goldsboro, for petitioners-appellees.

Harrison & Simpson, P.A. by William F. Simpson, Jr., Kinston, for respondents-appellants.

EAGLES, Judge.

Respondents argue that the trial court erred as a matter of law in granting summary judgment in favor of petitioners and in failing to grant summary judgment for respondents. We disagree.

In Walls v. Grohman, 315 N.C. 239, 337 S.E.2d 556 (1985), our Supreme Court held that

when a landowner, acting under a mistake as to the true boundary between his property and...

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