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SMITH v. JOHNSON

No. COA96-489.

481 S.E.2d 415 (1997)

Stewart H. SMITH and Thomas H. Batten v. Vicky Sue JOHNSON, John B. Hardee, and Celeste Hardee Day.

Court of Appeals of North Carolina.

March 4, 1997.

Attorney(s) appearing for the Case

Ward and Smith, P.A. by Donald S. Higley, II and Ryal W. Tayloe, Greenville, for plaintiff-appellees.

David P. Voerman, P.A. by David P. Voerman, New Bern, for defendant-appellants Johnson and Hardee.

Lee, Hancock, Lasitter & King, P.A. by Moses D. Lasitter, New Bern, for defendant Day.

GREENE, Judge.

Vicky Sue Johnson and John B. Hardee (defendants) appeal an order dated and filed 7 November 1995 striking their affirmative defense of adverse possession. The defendants also appeal the denial of their "Motion To Set Aside Judgment And For a New Hearing" (motion), which order was dated 21 December 1995.

The undisputed facts are that Stewart H. Smith and Thomas H. Batten (plaintiffs) initiated this action against defendants seeking damages and...

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