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  5. 645 S.E.2d 132 (2007)
 

KRAFT v. TOWN OF MT. OLIVE

No. COA06-856.

645 S.E.2d 132 (2007)

Francis Frederick KRAFT, Plaintiff v. TOWN OF MT. OLIVE, Defendant, and Peoples National Bank, Defendant/Intervenor.

Court of Appeals of North Carolina.

June 5, 2007.

Attorney(s) appearing for the Case

Rose Rand Attorneys, P.A., by Jeffrey P. Gray and Jason R. Page, Wilson, for plaintiff-appellant.

Ward and Smith, P.A., by Ryal W. Tayloe, Wilmington, for defendant-appellee.

Pendergrass Law Firm, PLLC, by James K. Pendergrass, Jr. and Christopher R. Bullock, for defendant/intervenor-appellee.

HUNTER, Judge.

Francis Frederick Kraft ("plaintiff") filed a complaint on 24 June 2004 seeking to quiet title to property. Plaintiff asserted that the property in question be quieted either pursuant to the Marketable Title Act ("the Act") or under the theory that there had been no public dedication of the property. Town of Mt. Olive ("Town" or "defendant") asserted that there had been a dedication and acceptance of the property, an alley, as a public right-of-way...

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