CREASMAN v. WELLS

No. 7528SC99.

214 S.E.2d 244 (1975)

25 N.C. App. 645

William E. CREASMAN and Dorothy Marie Creasman v. Lucille Patricia WELLS, and Denver Wells.

Court of Appeals of North Carolina.

May 7, 1975.


Attorney(s) appearing for the Case

Paul J. Smith, Asheville, for plaintiffs-appellees.

Pope & Brown by Ronald C. Brown, Asheville, for defendants-appellants.


BRITT, Judge.

Defendants' principal assignment of error is that the trial court erred "in not submitting an issue of title (in defendants) under adverse possession to the jury". We find no merit in the assignment.

In our opinion, when, in their answer, defendants admitted plaintiffs' title, this cause was converted from an action to try title into a processioning proceeding to determine the true dividing line between the

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