McDARIS v. BREIT BAR "T" CORPORATION

No. 122.

144 S.E.2d 59 (1965)

265 N.C. 298

Harvey McDARIS and P. Novie Pipes v. BREIT BAR "T" CORPORATION and M. Jack Breitbart.

Supreme Court of North Carolina.

September 22, 1965.


Attorney(s) appearing for the Case

James S. Howell and Oscar Stanton, Asheville, for plaintiffs.

Van Winkle, Walton, Buck & Wall and Herbert L. Hyde, Asheville, for defendants.


MOORE, Justice.

This is an action in ejectment, instituted 18 October 1963. Defendants appeal from judgment, conforming to the jury's verdict, declaring plaintiffs the owners and entitled to the possession of the land described in the complaint.

Plaintiffs' claim of ownership is based on adverse possession "under known and visible lines and boundaries and under color of title, for seven years." G.S. § 1-38; Mobley v. Griffin, 104 N.C. 112, 10 S.E. 142...

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