Tripp v. North Carolina Phosphate Corp.

Plaintiffs conceded before the trial court and on oral argument in this court that the description contained in the deed referred to in paragraph three of their complaint encompasses the 4.26 acres of land in controversy. However, this concession does not admit that defendants own the disputed tract. (Compare Napoli v. Philbrick, 8 N.C. App. 9, 173 S.E. 2d 574, where plaintiff stipulated that defendants owned the property described in their further answer and defense and that the description encompassed the disputed area). Paragraph three of the complaint alleges that defendant Phosphate…