New Hanover County v. Holmes

VAUGHN, Judge.

The entry of summary judgment is improper where, as here, genuine issues exist as to the material facts and the judge purports to resolve such issues.

*549In order to reach the question of law involved we will, however, with some reluctance and for purposes of the appeal only, assume the following facts on which the judge appears to rely, as true:(1) The property in question is located on 11th Street in Wilmington, North Carolina. Edna Robinson Spears acquired title to the property on 13 October 1956, as the surviving tenant by the entireties upon the death of her husband, Leonard…