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CHERRY v. ROANOKE TOBACCO WAREHOUSE CO.

No. 95.

75 S.E.2d 124 (1953)

237 N.C. 362

CHERRY et al. v. ROANOKE TOBACCO WAREHOUSE CO.

Supreme Court of North Carolina.

March 18, 1953.

Attorney(s) appearing for the Case

Clarence W. Griffin and Peel & Peel, Williamston, for plaintiffs appellees.

R. L. Coburn, Williamston, for defendant appellant.

WIN BORNE, Justice.

In an action for damages for breach of a covenant of seizin, where the defendant denies the breach, and there are no admissions to the contrary, the burden of proof to show the breach is upon the plaintiff under our code system of pleading,—so this Court held in Eames v. Armstrong, 142 N.C. 506, 55 S.E. 405. Under this rule, plaintiffs in the case in hand have the burden of proof to show a breach of the covenant of seizin in the deed from...

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