ALLEN v. MORGAN

No. 7929DC1137.

269 S.E.2d 753 (1980)

Thomas J. ALLEN, (also known as J. T. Allen) v. Juston MORGAN and wife, Bessie Morgan, Hazel O. Burch Henry and husband, Donald Henry, and Joseph W. Mitchell and wife, Colleen B. Mitchell.

Court of Appeals of North Carolina.

September 16, 1980.


Attorney(s) appearing for the Case

Ramsey, Smart, Ramsey & Hunt, by John K. Smart, Jr., Brevard, for plaintiff-appellant.

Ramsey, White & Cilley by Robert S. Cilley, Brevard, for defendants-appellees.


MORRIS, Chief Judge.

As in Allen v. Petit, filed this day, the sole question presented is whether the trial court committed error in entering judgment for defendants based on his finding that they had established adverse possession under color of title to the lands claimed by them.

Plaintiff offered a connected chain of title back to a grant from the State. This constituted a prima facie showing of senior title and, nothing else appearing, established...

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