No. 33.

167 S.E.2d 766 (1969)

275 N.C. 385

Bessie PRICE (Widow) v. TOMRICH CORPORATION and Williams E. Arant, Jr., Trustee for First Union Bank.

Supreme Court of North Carolina.

June 18, 1969.

Attorney(s) appearing for the Case

Bryant, Lipton, Bryant & Battle, Durham, for plaintiff appellee.

Powe, Porter & Alphin by Willis P. Whichard, Durham, for defendant appellant.

SHARP, Justice.

The question presented is the sufficiency of plaintiff's evidence to withstand defendant's motion for nonsuit. The following facts are established by the pleadings and stipulations or are not controverted:

Plaintiff and defendant Corporation (defendant) own adjoining land in the Bragtown area of Durham County. They dispute a lappage of 2.82 acres. In September 1887 all the property now owned or claimed by the parties was owned by Hawkins Chisenhall...

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