BROTHERS v. HOWARD

No. 811DC1107.

292 S.E.2d 139 (1982)

Leolia B. BROTHERS, Widow, Hilda B. Thompson and husband, Henry Thompson, Jean B. Coleman and husband Maurice Coleman, Janice Brothers, Unmarried, Leolia B. Cherry and husband, Dennis Cherry, Floyd Brothers and wife, Geraldine Brothers, Clifford L. Brothers and wife, Betty Brothers, Dwight Brothers and wife, Carolyn Brothers, Dora B. Lee and husband, Ulysses Lee, Erma B. Jones and husband, William Jones, and Waymond Brothers, Unmarried v. Rudolf HOWARD and wife, Louvenia Howard.

Court of Appeals of North Carolina.

June 15, 1982.


Attorney(s) appearing for the Case

Twiford, Trimpi, Thompson & Derrick by John G. Trimpi, Elizabeth City, for plaintiffs-appellants.

Cherry, Cherry & Flythe by Joseph J. Flythe, Ahoskie, for defendants-appellees.


HARRY C. MARTIN, Judge.

The trial court erred in allowing defendants' motion for directed verdict at the close of plaintiffs' evidence on plaintiffs' cause of action to quiet title.

First, the Real Property Marketable Title Act provides that the establishment of a marketable record title in any person pursuant to the statute shall be prima facie evidence that such person owns title to the real property described in his record chain of title. N.C.Gen.Stat....

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