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BEE TREE MISSIONARY BAP. CHURCH v. MCNEIL

No. COA01-1479.

570 S.E.2d 781 (2002)

BEE TREE MISSIONARY BAPTIST CHURCH, By and Through its Trustees, Plaintiff-Appellant v. Roderick Daniel McNEIL and Wife, Selena Bittle McNeil, Defendants-Appellees.

Court of Appeals of North Carolina.

November 5, 2002.

Attorney(s) appearing for the Case

Mary E. Arrowood, Asheville, for plaintiff-appellant.

Adams, Hendon, Carson, Crow & Saenger, P.A. by George W. Saenger, Asheville, for defendants-appellees.

WALKER, Judge.

On 29 January 1951, Laurence and Mary Howie deeded to Herman and Frances Morgan real property located in Buncombe County, together with a "10 ft. rightof [sic] way" that ran through plaintiff's property. This deed was recorded on 4 April 1951.

On 24 August 1995, Frances Morgan deeded a portion of the subject property to Kerry Waddell, together with a perpetual non-exclusive right to use a right-of-way through plaintiff's property connecting...

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