CHISHOLM v. HALL

No. 97.

121 S.E.2d 726 (1961)

255 N.C. 374

Hawkins L. CHISHOLM, Waites C. Chisholm, Wallace P. Chisholm, Eugene S. Chisholm, John V. Edwards, Rudolph Edwards, Almond Edwards, Helene M. Cabral and Madeline K. Cunningham v. Ann HALL and Katherine Hall.

Supreme Court of North Carolina.

September 27, 1961.


Attorney(s) appearing for the Case

Richard B. Ford and Loren D. Packer, Asheville, for plaintiffs, appellees.

Guy Weaver, Asheville, for defendants, appellants.


RODMAN, Justice.

Defendants' assignments of error present these questions for decision: (1) Did the court err in directing the jury to answer the first issue in the affirmative? (2) Could the court refuse to accept a verdict which was contrary to the court's instruction and require the jury to answer the issue in accord with its direction?

It is true, as contended by defendants, that a denial of plaintiffs' claim of ownership, thereby raising an issue of fact...

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