NEWKIRK v. PORTER

No. 596.

82 S.E.2d 74 (1954)

240 N.C. 296

NEWKIRK et ux. v. PORTER et al.

Supreme Court of North Carolina.

May 19, 1954.


Attorney(s) appearing for the Case

Rountree & Rountree, Wilmington, and Wyatt E. Blake, Burgaw, for plaintiffs, appellants.

Leon H. Corbett and Harry T. Fisler, Burgaw, for defendants, appellees.


ERVIN, Justice.

When the answers are read aright, they admit the plaintiffs' title to the tract of land described in paragraph 2 of the statement of facts. They merely put the actual location of the true dividing line between the plaintiffs' land and the tract claimed by the defendants in issue by alleging, in essence, that the disputed area is covered by the deeds of the defendants rather than the deeds of the plaintiffs. This being true, it was not obligatory for...

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