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BOGGESS v. SPENCER

No. COA05-118.

620 S.E.2d 10 (2005)

Wendy G. BOGGESS and husband, Scott Boggess, Plaintiffs, v. Ralph SPENCER and wife, Betty Spencer, R.L. Spencer, Jr., Sue S. Luffman and husband, Arvil Luffman, Defendants.

Court of Appeals of North Carolina.

October 4, 2005.

Attorney(s) appearing for the Case

McElwee Firm, PLLC, by John M. Logsdon, North Wilkesboro, for plaintiffs-appellees.

Franklin Smith, Elkin, for defendants-appellants.

TYSON, Judge.

Ralph and Betty Spencer, R.L. Spencer, Jr., Sue S. and Arvil Luffman (collectively, "defendants") appeal from judgment entered 21 June 2004 after a jury found Wendy G. and Scott Boggess (collectively, "plaintiffs") to have an easement by necessity over defendants' property. We affirm.

I. Background

Plaintiffs are the owners of a parcel of land containing approximately 4.09 acres located...

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