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CHEEK v. LANGE

No. 7429DC301.

209 S.E.2d 520 (1974)

23 N.C. App. 689

Ruth M. CHEEK and Bessie M. Cheek v. Mae LANGE et al.

Court of Appeals of North Carolina.

November 20, 1974.

Attorney(s) appearing for the Case

Ramsey, White & Patterson by William R. White, Brevard, for plaintiffs appellants.

Ramsey, Hill, Smart & Ramsey by Ralph H. Ramsey, Jr., Brevard, for defendant appellee Mae Lange.

Hamlin & Potts by Jack H. Potts, Brevard, for defendant appellee Harold Edward Wilbanks.

PARKER, Judge.

The jury trial being solely upon defendants' counterclaim of adverse possession, defendants first presented evidence. At the close of defendants' evidence, plaintiffs "made a motion as of nonsuit," which was denied. The validity of this ruling is the first question which plaintiffs seek to present on this appeal.

Since the adoption of our new Rules of Civil Procedure, G.S. Chap. 1A, the old motion...

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