North Carolina Railroad v. Ferguson Builders Supply, Inc.

WYNN, Judge.

On 18 December 1980, the Atlantic and East Carolina Railway Company (hereinafter “A&EC”) instituted a- civil action against the above-named defendants or their predecessors in title. The complaint alleged, inter alia, that A&EC, as a lessee, was in possession of certain lands upon which the defendants were continuously trespassing. The complaint also alleged that Atlantic and North Carolina Railroad Company (hereinafter “A&NC”) was the owner of the land; however, A&NC was not a party to the action. On the day the case came on for trial, 24 June 1985, A&EC filed a notice of…