Town of Winton v. Scott

ARNOLD, Judge.

First we note that this is an appeal from an interlocutory order and as such is subject to dismissal. Nevertheless, we treat this matter as a petition for a writ of certiorari, and in our discretion allow the same.

Scott and Eley Appeal

These appellants contend the court erred by awarding Matilda Vann or her successors any interest in the sixty-acre tract of land. We disagree.

The Scotts first contend that they obtained title to this property by ouster of a co-tenant. In Collier v. Welker, 19 N.C. App. 617, 620-621, 199 S.E. 2d 691, 694-95 (1973), Judge (later Justice) Vaughn wrote…