Cothran v. Evans

VAUGHN, Judge.

Plaintiffs argue that the court erred in granting summary judgment in favor of defendant. We disagree.

Summary judgment is properly granted only if all the evidence before the court indicates that there is no genuine issue as to any material fact and that one party is entitled to judgment as a matter of law. Brenner v. School House, Ltd., 302 N.C. 207, 274 S.E. 2d 206 (1981). In the present cause, the material facts concern the lease between Whispering Pines, Inc. and defendant, the Record of Transfer of Allotments, and plaintiffs’ present posi tion as title owners of the land.…