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BOONE v. ROGERS

No. COA10-426.

708 S.E.2d 103 (2011)

Daniel BOONE and Rebecca Boone, Plaintiffs, v. William Jack ROGERS, Defendant.

Court of Appeals of North Carolina.

March 1, 2011.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes & Davis, P.A., Asheville, by Esther E. Manheimer , for plaintiff-appellees.

Moody & Brigham, PLLC, Bryson City, by Fred H. Moody, Jr. , for defendant-appellant.

STROUD, Judge.

As the trial court entered an order without all of the necessary parties, we vacate and remand.

I. Background

In defendant's brief, he states the procedural background, which plaintiffs adopt, as follows:

At the time of the institution of this action, the Plaintiffs-Appellees owned a tract of land in the Cheoah Township of Graham County. The Defendant-Appellant and his wife, who was not made a party to this action, owned...

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