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BARTON v. WHITE

No. COA04-1604.

620 S.E.2d 278 (2005)

Jack L. BARTON and Ruby M. Barton, Plaintiffs, v. Sue Perry WHITE and Earl Ray Godfrey, d/b/a Sonny Godfrey, Defendants.

Court of Appeals of North Carolina.

October 18, 2005.

Attorney(s) appearing for the Case

Holt York McDarris & High, L.L.P., by Bradford A. Williams, Raleigh, and W. Hackney High, Jr., Edenton, for plaintiffs-appellants.

Hornthal, Riley, Ellis & Maland, L.L.P., by L. Phillip Hornthal, III, Elizabeth City, for defendant-appellee Sue Perry White.

The Twiford Law Firm, P.C., by David R. Pureza, Elizabeth City, for defendant-appellee Earl Ray Godfrey, d/b/a Sonny Godfrey.

LEVINSON, Judge.

Plaintiffs (Jack L. Barton and Ruby M. Barton, husband and wife) appeal from an order granting summary judgment in favor of defendants. We affirm.

Plaintiffs are the owners of property in the Carolina Shores subdivision, in Perquimans County, North Carolina. On 3 October 2003 plaintiffs filed suit against defendants. Their complaint alleged an interest in an easement appurtenant over a sixty-foot wide grassy strip of land adjoining their property...

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