WILSON COUNTY BOARD OF EDUCATION v. LAMM

No. 30.

173 S.E.2d 281 (1970)

276 N.C. 487

WILSON COUNTY BOARD OF EDUCATION v. Bessie H. LAMM, Widow, Virginia Lamm Hayes and husband, J. F. Hayes, Jack F. Hayes, a Minor, Tempie Ann Hayes, a Minor, Jack Thomas Hayes, a Minor, the Free Will Baptist Children's Home, Inc., and all persons not in being who may by any contingency own or acquire any interest in the lands constituting the subject matter of this action by reason of the Last Will and Testament of Grover T. Lamm, Deceased.

Supreme Court of North Carolina.

April 15, 1970.


Attorney(s) appearing for the Case

Connor, Lee, Connor & Reece, by Cyrus F. Lee and David M. Connor, Wilson, for plaintiff-appellant.

Lucas, Rand, Rose, Meyer & Jones, by David S. Orcutt and Louis B. Meyer, Wilson, for defendants-appellees.


MOORE, Justice.

Plaintiff claims title by adverse possession for more than twenty years (G.S. § 1-40). Defendants admit plaintiff's possession but contend that it was not adverse but was a permissive possession which was to cease when the property was no longer used for school purposes.

The trial judge correctly charged the jury that plaintiff could acquire title by adverse possession only if the possession was open, notorious, and adverse. In Locklear...

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