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TAYLOR v. SCOTT

No. 98.

122 S.E.2d 57 (1961)

255 N.C. 484

J. T. TAYLOR, Jr., and his wife, Dora W. Taylor v. Elijah SCOTT, George Scott, Janie Bryant and Bartha Scott. Meriweather LEWIS v. Elijah SCOTT, George Scott, Janie Bryant and Bartha Scott.

Supreme Court of North Carolina.

October 11, 1961.

Attorney(s) appearing for the Case

Bernard B. Hollowell and R. E. Whitehurst, Bayboro, for plaintiffs.

Barden, Stith & McCotter, L. T. Grantham, and Lee & Hancock, New Bern, for defendants.

RODMAN, Justice.

The appeals present for determination the correctness of the rulings allowing the several motions to nonsuit.

When a party's claim of title is denied, he has the burden of proof. Chisholm v. Hall, N.C., 121 S.E.2d 726; Jones v. Turlington, 243 N.C. 681, 92 S.E.2d 75; Locklear v. Oxendine, 233 N.C. 710,

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