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HILLIARD v. HILLIARD

No. COA00-1225.

554 S.E.2d 374 (2001)

Perry H. HILLIARD and wife, Mildred L. Hilliard, Plaintiffs, v. Warren Peete HILLIARD and wife, Anne B. Hilliard, and Philip Wayne Kesler, Defendants.

Court of Appeals of North Carolina.

November 6, 2001.

Attorney(s) appearing for the Case

Norman and Gardner by Larry E. Norman, Louisburg, for Plaintiff-Appellants.

Marvin P. Rooker, Warrenton, for Defendant-Appellees.

WYNN, Judge.

This appeal arises from a land dispute between brothers, Perry H. Hilliard and Warren Peete Hilliard. Defendant Philip Wayne Kesler has made no appearance in this action and is not involved in this appeal.

The Hilliard brothers along with their other brothers and sisters were co-tenants of certain real property located in Warren County. In 1988, that property was partitioned under a special proceeding which, pertinent to this appeal, resulted...

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