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JERNIGAN v. McLAMB

No. COA07-1540.

665 S.E.2d 589 (2008)

Connie H. JERNIGAN, Plaintiff v. Bobby B. McLAMB and wife, Sonja McClamb; Rosemary McLamb Herring and husband, Carl Herring; Melanie Lou McLamb Patrick, single; Iva Estelle Jernigan, single; Cape Fear Farm Credit; and Henry T. McDuffie, Trustee.

Court of Appeals of North Carolina.

September 2, 2008.

Attorney(s) appearing for the Case

McLeod & Harrop, by Donald E. Harrop, Jr., Dunn, for plaintiff-appellant.

Daughtry, Woodard, Lawrence & Starling, by Luther D. Starling, Jr. and Emily Tomczak, Smithfield, for defendants-appellees.

JACKSON, Judge.

The instant action arose out of a dispute between the parties concerning access to plaintiff's property. Connie Jernigan ("plaintiff") contends that he acquired an easement by necessity, or, in the alternative, an easement by prescription over the property of Bobby McLamb (B.McLamb), Rosemary McLamb Herring, and Melanie Lou McLamb Patrick (collectively, "defendants"). In 1925, the J.R. Tew tract, located in Sampson County, was divided among his six...

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