WALLIN v. RICE

No. 89.

61 S.E.2d 82 (1950)

232 N.C. 371

WALLIN v. RICE.

Supreme Court of North Carolina.

September 20, 1950.


Attorney(s) appearing for the Case

J. M. Baley, Jr. and Carl R. Stuart, Marshall, for plaintiff appellee.

Clyde M. Roberts and John H. McElroy Marshall, for defendant appellant.


DEVIN, Justice.

Defendant's motion for judgment of nonsuit was properly denied, but we think there was error in the court's instructions to the jury entitling the defendant to a new trial.

The plaintiff's evidence tended to show that in 1911 he entered into possession of a tract of 126 acres of land under a deed which described the land by metes and bounds, and has lived on it ever since, cultivating a portion, devoting a portion to grazing, using wood and...

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