RAWLS v. WILLIFORD

No. COA94-1246.

468 S.E.2d 460 (1996)

121 N.C. App. 762

Clarence A. RAWLS, III, Patricia E. Rawls, Jeryl S. Rawls, Carol M. Rawls and Rawls & Associates, Plaintiffs, v. Marshall L. WILLIFORD, Jr., Harry J. Grim, Joseph W. McGirt, Jr., Jerone C. Herring and Branch Bank & Trust Co., Defendants.

Court of Appeals of North Carolina.

March 5, 1996.


Attorney(s) appearing for the Case

Trimpi & Nash by John G. Trimpi, Elizabeth City, for plaintiff-appellees.

Susan Harman-Scott, Nags Head, for defendant-appellant Marshall L. Williford, Jr.


EAGLES, Judge.

Defendant argues that the trial court erred by granting partial summary judgment because defendant or his predecessors in title had adversely possessed and occupied the twenty foot strip for more than the required twenty years and, accordingly, defendant was the sole owner of the twenty foot strip. Plaintiffs argue that G.S. 136-96 controls. G.S. 136-96 provides in pertinent part:

Every strip, piece, or parcel of land which shall have been...

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