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KELLER v. HENNESSEE

No. 7130SC23.

180 S.E.2d 452 (1971)

11 N.C. App. 43

Myrtie KELLER et al., v. W. C. HENNESSEE and wife, Stella B. Hennessee et al.

Court of Appeals of North Carolina.

April 28, 1971.

Attorney(s) appearing for the Case

Stedman Hines, Bryson City, for plaintiff appellants.

Monteith, Coward & Coward, by J. Kent Coward, Sylvia, for defendant appellees.

VAUGHN, Judge.

This is an action in trespass to try title; therefore, plaintiffs must allege and prove both title in themselves and trespass by defendants. 7 Strong, N.C. Index 2d, Trespass To Try Title, § 1, p. 249. "Defendants' denial of plaintiffs' allegations of title and trespass places the burden on plaintiffs to establish each of these allegations. Day v. Godwin, 258 N.C. 465, 128 S.E.2d 814<...

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