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STATE EX REL. ROHRER v. CREDLE

No. 862SC1017.

359 S.E.2d 45 (1987)

STATE of North Carolina, ex rel. Grace H. ROHRER, Secretary of the North Carolina Department of Administration, v. Sidney Arthur CREDLE.

Court of Appeals of North Carolina.

August 18, 1987.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg, by Sp. Deputy Atty. Gen. Daniel F. McLawhorn and Asst. Atty. Gen. J. Allen Jernigan, Raleigh, for plaintiff-appellee.

Davis & Davis, by George Thomas Davis, Jr., Swan Quarter, for defendant-appellant.

PHILLIPS, Judge.

Plaintiff sued to remove a cloud on its title to a certain 640-acre tract of Hyde County land, most of which is situated beneath the waters of Swan Quarter Bay, a navigable body of water. State, ex rel. Blount v. Spencer, 114 N.C. 770, 19 S.E. 93 (1894). Defendant, a 72-year-old fisherman, has taken oysters from that part of Swan Quarter Bay most of his life, as did his father before him. In his answer...

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