Craver v. Craver

WEBB, Judge.

The motion in this case was purportedly made under Rule 56. There is nothing in the record for us to consider except the pleadings. We shall consider the motion as if it were made under *607Rule 12(c) for judgment on the pleadings. See Reichler v. Tillman, 21 N.C. App. 38, 203 S.E. 2d 68 (1974).

This appeal brings to the Court the question of whether a tenant in common in possession of property by court order may make repairs to the property and charge a proportional part of the costs of the repairs to the co-tenant. This question has not been previously decided in the state. In…