STATE v. BROOKS

No. 68SC55.

162 S.E.2d 579 (1968)

2 N.C. App. 115

STATE of North Carolina, Plaintiff, v. Joe C. BROOKS, Sr. and wife, Anne Brooks, Thelma B. McEachern, single, Jim Brooks and wife, Alene W. Brooks, Frances B. Furlong, single, Mary Brooks, single, Lula Brooks, single, Defendants.

Court of Appeals of North Carolina.

Certiorari Allowed October 9, 1968.


Attorney(s) appearing for the Case

T. Wade Bruton, Atty. Gen., by Millard R. Rich, Jr., Asst. Atty. Gen., and Rountree & Clark, by George Rountree, Jr. and John Richard Newton, Wilmington, for plaintiff appellant.

Herring, Walton, Parker & Powell, by Ray H. Walton, Southport, and E. J. Prevatte, for defendants appellees.


MORRIS, Judge.

Our study of the record in this case leads us to the conclusion that the judgment below must be upheld.

Plaintiff first contends that the evidence was totally insufficient to support a finding of ownership in the defendants based on adverse possession under color of title. Assuming the correctness of this position, the contention is, nevertheless, without merit. The case was submitted to the jury on the theory of thirty years adverse possession...

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