MALLET v. HUSKE

No. 606.

136 S.E.2d 553 (1964)

262 N.C. 177

Eliza Dunn MALLET and Selma Dunn James v. B. R. HUSKE, III, Mary Lou Huske, J. S. Huske, individually, J. S. Huske, Trustee for J. S. Huske, Junior, Mary Cook Huske and B. R. Huske, III, J. S. Huske, Junior, Mary Cook Huske and to all other persons unknown, claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiffs' ownership, or any cloud upon plaintiffs' title thereto.

Supreme Court of North Carolina.

June 12, 1964.


Attorney(s) appearing for the Case

McCoy, Weaver, Wiggins & Cleveland, Fayetteville, for defendant appellants.

N. H. McGeachy, Jr., Robert W. Pope and Paul L. Whitfield, Fayetteville, for plaintiff appellees.


RODMAN, Justice.

Defendants' assignments of error, Nos, 20, 57 and 67, are directed to the refusal of the court to allow their motions for nonsuit. Defendants elected to offer evidence. They thereby waived the right to insist on motions made prior to the conclusion of the evidence. G.S. § 1-183. Only the motion, assignment No. 67, made at the conclusion of the evidence, need be considered.

In their argument for a nonsuit, defendants say: "The evidence...

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