McCANN v. TRAVIS

No. 829SC877.

305 S.E.2d 197 (1983)

Ruby Elizabeth McCANN v. James Wharton TRAVIS.

Court of Appeals of North Carolina.

August 2, 1983.


Attorney(s) appearing for the Case

Bobby W. Rogers, Henderson, for plaintiff-appellee.

Hight, Faulkner, Hight & Fleming by Henry W. Hight, Jr., Henderson, for defendant-appellant.


BRASWELL, Judge.

The case turns upon two basic issues: (1) were the plaintiff and defendant tenants in common in the disputed property, and, if so, (2) did the plaintiff prove adverse possession for 20 years (and not 7 years under color of title)? We hold that the evidence requires an affirmative finding that the parties were tenants in common. We also hold under the evidence that the plaintiff has failed to prove adverse possession for 20 years. The application here...

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