GODFREY v. VAN HARRIS REALTY, INC.

No. 8411DC446.

325 S.E.2d 27 (1985)

Joe D. GODFREY and wife, Annie Mae Godfrey v. VAN HARRIS REALTY, INC.

Court of Appeals of North Carolina.

February 5, 1985.


Attorney(s) appearing for the Case

Cameron, Hager & Kinnaman, P.A. by Richard B. Hager, Sanford, for plaintiffs-appellees.

Love & Wicker, P.A. by Jimmy L. Love, Sanford, for defendant-appellant.


WHICHARD, Judge.

Plaintiffs prayed for a declaratory judgment establishing that they have an easement over a roadway across land owned by defendant. They claim the easement through prescriptive use by themselves and their predecessors in title. Defendant contends the court erred in failing to grant its motion for a directed verdict. We agree and accordingly reverse.

Under G.S. 1A-1, Rule 50 defendant is entitled to a directed verdict only if the evidence,...

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