Foreman v. Sholl , 113 N.C. App. 282 ( 1994 )

Judge ORR

dissenting.

Here we have two groups of surveyors disagreeing in their respective affidavits as to whether the description of the land in question was adequate and could be located with certainty on the ground. With this conflict in the evidence, summary judgment would not be appropriate to determine this issue. In addition, the trial court should have allowed plaintiffs’ motion to amend so as to satisfy the seven-year requirement for color of title. For these reasons, I respectfully dissent.