STATE v. BROOKS

No. 43.

181 S.E.2d 553 (1971)

279 N.C. 45

STATE of North Carolina v. Joe C. BROOKS, Sr. et al.

Supreme Court of North Carolina.

June 10, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. Millard R. Rich, Jr., and George Rountree, Jr., and John Richard Newton, Wilmington, of counsel, for plaintiff appellee.

E. J. Prevatte, Southport, for defendant appellants.


BOBBITT, Chief Justice.

The allegations in their cross action did not disclose the basis on which defendants asserted ownership of the tract of land described in the complaint. When tried by Judge Hall, the case was submitted to the jury to determine whether defendants had acquired ownership by thirty years adverse possession under known and visible lines and boundaries. On appeal, the crucial question was whether defendants had offered evidence sufficient to withstand...

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