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STATE v. TAYLOR

No. 823SC246.

300 S.E.2d 42 (1983)

STATE of North Carolina, Plaintiff, v. J.T. TAYLOR, Jr., Zachary Taylor, and Gordon H. Denton, Defendants, and L.J. Moore, Boy's Ranch Foundation, Alice S. Heath, Clifford Earl Heath, and Donna Karen Heath (Minor), Additional Defendants, and Samuel L. Whitehurst, Jr., Guardian Ad Litem for Donna Karen Heath (Minor), Additional Defendants, and Floyd D. White, Intervenor Defendant, and Larry T. Heath, Intervenor Defendant. and L.J. MOORE, Cross Complainant & Third Party Plaintiff, v. STATE of North Carolina, Plaintiff & Third Party Defendant, and J.T. Taylor, Jr., Zachary Taylor, and Gordon H. Denton and Alice S. Heath, Clifford Earl Heath, and Donna Karen Heath (Minor) and Floyd D. White, Third Party Defendants.

Court of Appeals of North Carolina.

February 15, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. T. Buie Costen, Asst. Attys. Gen. Roy A. Giles, Jr. and R. Bryant Wall, Raleigh, for the State.

Henderson & Baxter, P.A. by David S. Henderson, New Bern, for defendants J.T. Taylor, Jr., Zachary Taylor, and Gordon H. Denton.

Broughton, Wilkins & Crampton, P.A. by J. Melville Broughton, Jr., Raleigh, for defendant L.J. Moore.

Jones & Wooten by Everette L. Wooten, Jr., Kinston, for defendant Alice S. Heath, Clifford Earl Heath, Larry T. Heath and Donna Karen Heath (minor).

ARNOLD, Judge.

G.S. 146-79 provides in pertinent part:

In all controversies and suits for any land to which the State or any State agency or its assigns shall be a party, the title to such lands shall be taken and deemed to be in the State or the State agency or its assigns until the other party shall show that he has a good and valid title to such lands in himself.

Relying upon the presumption created by G.S. 146-79, the State presented the testimony...

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