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McKINNEY v. MORTON

No. 306.

102 S.E.2d 449 (1958)

248 N.C. 101

Zeyland McKINNEY and wife, Rachel McKinney, v. H. M. MORTON and wife, Sallie Morton.

Supreme Court of North Carolina.

March 26, 1958.

Attorney(s) appearing for the Case

G. D. Bailey, W. E. Anglin, Burnsville, for defendants-appellants.

R. W. Wilson, Burnsville, for petitioners-appellees.

PER CURIAM.

Where, in a processioning proceeding, the only real controversy is as to the true location of the dividing line between the lands of the petitioners and of the respondents, the cause should not be dismissed as in case of nonsuit. See Cornelison v. Hammond, 225 N.C. 535, 35 S.E.2d 633; Brown v. Hodges, 230 N.C. 746, 55 S.E.2d 498; Plemmons v. Cutshall, 234 N.C. 506,

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