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UPCHURCH v. UPCHURCH

No. COA97-214.

495 S.E.2d 738 (1998)

Elizabeth Elsie UPCHURCH, Plaintiff, v. James Elmon UPCHURCH and James E. Upchurch, Jr., Defendants.

Court of Appeals of North Carolina.

February 3, 1998.

Attorney(s) appearing for the Case

Harriss & Marion, P.L.L.C. by Joseph E. Marion, Durham, for plaintiff-appellee.

E.C. Harris, Durham, for defendant-appellant James Elmon Upchurch.

Browne, Flebotte, Wilson & Horn, P.L.L.C. by Roni L. Harvey, Durham, for defendant-appellant James E. Upchurch, Jr.

LEWIS, Judge.

Plaintiff and defendant James Elmon Upchurch ("Upchurch Sr.") were married in 1947 and separated on 4 February 1988. A judgment for absolute divorce was entered 13 November 1989 and plaintiff thereafter sued for equitable distribution of marital assets. Defendant James E. Upchurch, Jr. ("Upchurch Jr.") was made party to the suit because he possessed property that was allegedly "marital property." On 7 February 1995, the trial judge entered an equitable...

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