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ROBINSON v. FOREST CREEK LTD. PARTNERSHIP

No. COA11-118.

712 S.E.2d 895 (2011)

Kaylor B. ROBINSON; Brenda M. Bell; Danny McGee; Jimmy McGee; William Damewood; Nancy McGee; Mazzle Memory; Martha Whited; and Mary Brown, Plaintiffs, v. FOREST CREEK LIMITED PARTNERSHIP; Thorton Ventures, LLC and Urban Pipeline, INC., Defendants.

Court of Appeals of North Carolina.

July 19, 2011.

Attorney(s) appearing for the Case

Law Office of Robert B. Jervis, P.C., Durham, by Robert B. Jervis , for Plaintiffs.

Pinto Coates Kyre & Brown, PLLC, Greensboro, by Deborah J. Bowers and David L. Brown , for Defendants.

STEPHENS, Judge.

Factual and Procedural Background

In 1919, John R. Magee and his wife Mollie W. Magee were interred in a small burial ground located on a large tract of land in Wake County. The land was later sold in separate parcels, but was recombined when a member of the Wadford family purchased the entire tract in the mid-1940s. The Wadford family owned the entire tract until 1999, when they sold approximately 80 acres of the tract to Thorton...

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