#### LOUISE PHILLIPS v. HARRIE PARTON

No. 652A82

(Filed 8 March 1983)

Appeal by defendant pursuant to N.C.G.S. 7A-39(2) from the decision of the Court of Appeals (Judges Hill and Hedrick concurring, Judge (now Chief Judge) Vaughn dissenting), reported in 59 N.C. App. 179, 296 S.E. 2d 317 (1982), which affirmed the judgment entered by Sitton, Judge, at the 15 June 1981 Session of JACKSON Superior Court.

Holt, Havre & Bridgers, by Ben Oshel Bridgers, for plaintiff appellee.

Herbert L. Hyde and G. Edison Hill for defendant appellant.

*695PER CURIAM.

Affirmed.