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PARRISH v. HAYWORTH

No. COA99-686.

532 S.E.2d 202 (2000)

Thomas L. PARRISH and wife, Ruth M. Parrish, Plaintiffs, v. Norman C. HAYWORTH and wife, Myrtle Hayworth; James Hayworth and wife, Venessia Hayworth; William F. Lasater, III (divorced) and Nancy W. Lasater (divorced) (formerly husband and wife), Defendants.

Court of Appeals of North Carolina.

July 5, 2000.

Attorney(s) appearing for the Case

Pinto Coates Kyre & Brown, PLLC, by Richard L. Pinto and John I. Malone, Jr., Greensboro, for plaintiffs-appellants.

Benson & Marshall, L.L.P., by Robert A. Benson, Greensboro, for defendants-appellees.

WALKER, Judge.

On 8 September 1995, plaintiffs filed a complaint against defendants James and Venessia Hayworth seeking a judgment pursuant to N.C. Gen.Stat. § 41-10 which "removes the cloud from the title" of the "slender strip of land contiguous with the eastern boundary" of plaintiffs' property. (See No. 95 CvS 8537). Plaintiffs argued that they had a survey performed which revealed that "the strip of land...

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