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BALDWIN v. HINTON

No. 531.

90 S.E.2d 316 (1955)

243 N.C. 113

Clara Mae BALDWIN, Lucille Baldwin and Willie James Baldwin, and Clara Mae Baldwin, Next Friend of Mary Frances Baldwin Moten and husband, J. W. Moten, and Leola Baldwin, Minors, v. G. C. HINTON and wife, Eunice W. Hinton.

Supreme Court of North Carolina.

November 23, 1955.

Attorney(s) appearing for the Case

A. M. Noble, Smithfield, for defendants-appellants.

Lyon & Lyon, Smithfield, for plaintiffs-appellees.

BOBBITT, Justice.

While nominally a cause of action to remove a cloud from plaintiffs' title, this is essentially an action in ejectment. True, possession by plaintiffs is not a prerequisite to an action brought under G.S. § 41-10. Satterwhite v. Gallagher, 173 N.C. 525, 92 S.E. 369; Vick v. Winslow, 209 N.C. 540, 183 S.E. 750. Nor is it necessary in such an action to allege or establish either trespass or unlawful possession by defendants. But where, as here...

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