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NELMS v. DAVIS

No. COA05-1164.

632 S.E.2d 823 (2006)

Alex A. NELMS and Nellie E. Nelms, Plaintiffs v. Jerry V. DAVIS, Defendant.

Court of Appeals of North Carolina.

August 15, 2006.

Attorney(s) appearing for the Case

Etheridge, Sykes & Hamlett, LLP, by J. Richard Hamlett, II, Nashville, for plaintiff-appellants.

Battle, Winslow, Scott & Wiley, P.A., by A. Scott McKellar, Rocky Mount, for defendant-appellee.

HUNTER, Judge.

Alex A. Nelms and Nellie E. Nelms ("plaintiffs") appeal from summary judgment of the trial court permanently enjoining them from entering property owned by Jerry V. Davis ("defendant"). Plaintiffs contend they have an easement over defendant's property, and the trial court erred in determining otherwise. We agree and therefore reverse the judgment of the trial court.

Plaintiffs and defendant own adjacent...

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