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FISHER v. CAROLINA SOUTHERN R.R.

No. COA99-1579.

539 S.E.2d 337 (2000)

Jesse C. FISHER, Jr. and wife, Gaye S. Fisher, Plaintiffs, v. CAROLINA SOUTHERN RAILROAD and David G. Bunn and wife, Dulcie Garrell Bunn, Defendants.

Court of Appeals of North Carolina.

December 19, 2000.

Attorney(s) appearing for the Case

McGougan, Wright, Worley, Harper & Bullard, L.L.P., by Dennis T. Worley and Paul J. Ekster, Tabor City, for plaintiff-appellants.

Rice & MacDonald, P.A., by Bret H. Davis, Myrtle Beach, SC, for defendant-appellees.

GREENE, Judge.

Jesse C. Fisher, Jr. (Fisher) and Gaye S. Fisher (collectively, Plaintiffs) appeal an order filed 29 July 1999, granting summary judgment in favor of Carolina Southern Railroad, David G. Bunn, and Dulcie Garrell Bunn (collectively, Defendants).

The record shows that Plaintiffs' claim relates to two deeds describing property situated in Whiteville, North Carolina. In the first deed, executed in 1847 (the 1847 deed), a group of grantors, including...

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