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WATSON v. MILLERS CREEK LUMBER CO., INC.

No. COA05-1537.

631 S.E.2d 839 (2006)

Glenn D. WATSON and Wife, Kathy Watson, Plaintiffs v. MILLERS CREEK LUMBER CO., INC. and John S. Counts, Defendants.

Court of Appeals of North Carolina.

July 18, 2006.

Attorney(s) appearing for the Case

Wilson, Lackey & Rohr, P.C. by Timothy J. Rohr, Lenoir, for plaintiffs-appellants.

Joseph C. Delk, III, Lenoir, and McElwee Firm, PLLC, by John M. Logsdon, North Wilkesboro, for defendants-appellees.

CALABRIA, Judge.

Glenn D. Watson and his wife, Kathy Watson ("plaintiffs"), appeal the denial of their motion for summary judgment and the grant of summary judgment to John S. Counts ("defendant Counts") regarding superior title to disputed property. We reverse.

On 8 November 1991, plaintiffs agreed to purchase from Millers Creek Lumber Co., Inc. ("defendant Millers Creek") a five-acre tract of land in Caldwell...

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