WHITE v. FARABEE

No. COA10-1213.

713 S.E.2d 4 (2011)

Philippe WHITE, and Wife, Elizabeth S. White, Petitioners, v. Robert Leroy FARABEE, Unmarried; Richard Eugene Rasberry, and Spouse, if any; Hosea R. Rasberry, Unmarried; Charles Albert Isley, Jr., and Spouse, if any; Ernest Lemell Isley, and Spouse, if any; William Cecil Douglas Isley, and Wife, Cecelia Isley; Ralph Malcolm Pollard, Unmarried; Edwina M. Deloney, Unmarried; Frederick A. Smith, and Wife, Bertha M. Smith; Patricia S. Day, and Husband, John W. Day; Joyce L. Braswell Livingston, Unmarried; Kenneth E. Whiteside, and Wife, Joan D. Whiteside; Stephanie Marie Simmons, Unmarried; Ricardo Bennerman, Unmarried; Brent F. King, Trustee; United General Mortgage Corporation, Noteholder; Property Management Services, Inc., Judgment Creditor; United States of America, Lienholder; and Any Persons and Their Spouses, Firms or Corporations Who May Have Acquired Any Interest By Assignment, Transfer, Sale, Will, Devise, Bequest or Laws of Descent And Distribution Or In Any Manner Whatsoever, by, Through, Or Under Ceola Elizabeth Smith (Specifically Including But Not Limited to Those Acquiring Such An Interest By, Through, Or Under Ozella J. Smith Rasberry, Charlotte Beatrice Smith Pollard, Lewis E. Smith, Carl Shepard, Wade Shepard and/or Boy Smith, born August 4, 1917), Respondents.

Court of Appeals of North Carolina.

May 17, 2011.


Attorney(s) appearing for the Case

Robertson, Medlin & Bloss, PLLC, by John F. Bloss , Greensboro, for petitioner-appellants.

Land Loss Prevention Project, by Mary E. Henderson and Jeffrey M. Jandura , Durham, for Patricia Day and Kenneth and Joan Whiteside respondent-appellees.

Tuggle Duggins & Meschan, PA, by John R. Barlow, II , and Michael S. Fox , Greensboro, for Natasha Braswell respondent-appellee.


McCULLOUGH, Judge.

Petitioners appeal from an order entered by the trial court in favor of respondents, finding that each of the four respondents had acquired title to portions of a certain piece of real property by adverse possession under color of title. After careful review, we reverse.

I. Background

On 22 June 1961, Ceola Elizabeth Smith ("Ceola") died intestate seized of a 70-acre parcel of real property located in Guilford County, North...

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