MEEKER v. WHEELER

No. 105.

72 S.E.2d 214 (1952)

236 N.C. 172

MEEKER et ux. v. WHEELER.

Supreme Court of North Carolina.

September 17, 1952.


Attorney(s) appearing for the Case

Carl W. Greene, Asheville, for plaintiffs appellees.

Sanford W. Brown, William V. Burrow, Asheville, for defendant appellant.


WINBORNE, Justice.

Defendant assigns as error, and properly so, (1) the denial of her motions, aptly made, for judgment as of nonsuit, (2) the refusal of her request for peremptory instruction in her favor on the issue submitted to the jury, and (3) the giving of peremptory instruction in favor of plaintiffs. These are all based upon the theory that plaintiffs have failed to make out prima facie case of title to the land sought to be recovered.

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