CARMEN P. GRAY and husband, BILLY GRAY v. LYNDON F. SMALL and wife, LYNN McQUEEN SMALL

No. 483A91

(Filed 22 April 1992)

APPEAL by plaintiffs pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 104 N.C. App. 222, 408 S.E.2d 538 (1991), affirming the judgment of Brown (Frank RJ, J., entered 26 September 1990 in Superior Court, DARE County. Heard in the Supreme Court 11 March 1992.

Twiford, O’Neal and Vincent, by Russell E. Twiford and Edward A. O’Neal, for plaintiff appellants.

Homthal, Riley, Ellis & Maland, by L. P. Hornthal, Jr., for defendant appellees.