BURGIN v. OWEN

No. COA06-450.

640 S.E.2d 427 (2007)

James A. BURGIN, Plaintiff, v. Willard Ray OWEN and wife Arimella H. Owen, Defendants.

Court of Appeals of North Carolina.

February 6, 2007.


Attorney(s) appearing for the Case

Bain, Buzzard & McRae, LLP, by Edgar R. Bain, Lillington and L. Stacy Weaver, III, for plaintiff-appellant.

Christopher L. Carr, Lillington, for defendant-appellees.


BRYANT, Judge.

James A. Burgin (plaintiff) appeals from a 9 January 2006 order granting Willard Ray and Arimella H. Owens' (defendants') 12(b)(6) motion to dismiss plaintiff's complaint and canceling the lis pendens attached to defendants' real property.

Defendants are owners of the subject property as tenants by the entirety, per deed recorded at Book 852, Page 533 Harnett County Registry. Defendant Willard Owen and plaintiff agreed on a purchase price of...

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