Legal Opinion

Fisher v. Carolina Southern Railroad

Court of Appeals of North Carolina

Decided December 19, 2000No. COA99-1579PublishedCited by 5 opinions

1Opinion of the Court

GREENE, Judge.

Jesse C. Fisher, Jr. (Fisher) and Gaye S. Fisher (collectively, Plaintiffs) appeal an order filed 29 July 1999, granting summary judgment in favor of Carolina Southern Railroad, David G. Bunn, and Dulcie Garrell Bunn (collectively, Defendants).

The record shows that Plaintiffs’ claim relates to two deeds describing property situated in Whiteville, North Carolina. In the first deed, executed in 1847 (the 1847 deed), a group of grantors, including Josiah Maultsby (Maultsby) and James Powell (Powell), granted an interest to Carolina Southern Railroad’s predecessor in interest, the…

2Cases cited3 opinions

  1. Zimmerman v. Hogg & Allen, Professional Ass'nSupreme Court of North Carolina · 1974
  2. Builders Supplies Co. of Goldsboro, NC, Inc. v. GaineySupreme Court of North Carolina · 1972
  3. International Paper Co. v. HufhamCourt of Appeals of North Carolina · 1986

3Cited by5 opinions

  1. Lassiter v. Bank of North CarolinaCourt of Appeals of North Carolina · 2001
  2. Swaby v. Northern Hills Regional Railroad AuthoritySouth Dakota Supreme Court · 2009
  3. Brown v. United StatesUnited States Court of Federal Claims · 2021
  4. Swaby v. NORTHERN HILLS REGIONAL RAILROAD AUTH.South Dakota Supreme Court · 2009
  5. Williamson v. RIVER CREST PLANTATION, LLCCourt of Appeals of North Carolina · 2009

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