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HANCOCK v. TENERY

No. COA97-1465.

505 S.E.2d 315 (1998)

David Walter HANCOCK and wife, Patricia D. Hancock, Petitioner-Appellees, v. Robert M. TENERY and wife, Willo'Deane Tenery; Samuel Ryan Tenery and wife, Debra C. Tenery; Carrie Renee Tenery Ratledge and husband, John Bradley Ratledge, Defendant-Appellants.

Court of Appeals of North Carolina.

October 6, 1998.

Attorney(s) appearing for the Case

Daniel Law Firm P.A. by Stephen T. Daniel and James W. Kilbourne, Jr., Morganton, for defendant-appellants.

Hall and Vogler, Attorneys at Law by E. Edward Vogler, Jr. and Beverly S. Murphy, Mocksville, for petitioner-appellees.

SMITH, Judge.

Petitioners David and Patricia Hancock (the Hancocks) initiated this action on 31 January 1997 by filing a special proceeding pursuant to N.C. Gen.Stat. § 136-68, et seq. In their petition, the Hancocks sought to establish a statutory cartway across the property of their adjoining landowners. Defendants Robert Tenery and his wife, Willo'Deane Tenery; Samuel Ryan Tenery and his wife, Debra Couch Tenery; and, Carrie Renee Tenery Ratledge and...

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