Mitchell v. Broadway

TYSON, Judge.

Ed S. Mitchell, Jr., Hattie B. Mitchell, Evelyn M. Snead, and Rosa M. Sutton ("plaintiffs") appeal the trial court's order granting James E. Broadway t/a James E. Broadway Logging's ("defendant") motion for partial summary judgment and denying plaintiffs' motion for partial summary judgment. We affirm.

I. Background

Plaintiffs are tenants-in-common and hold an undivided interest in a 60.22 acre tract of land located in Craven County. On 6 March 2000, Dal W. Mitchell, an owner of the property, and defendant entered into a contract to allow defendant to remove timber from the…