Keller v. Hennessee

VAUGHN, Judge.

This is an action in trespass to try title; therefore, plaintiffs must allege and prove both title in themselves and trespass by defendants. 7 Strong, N. C. Index 2d, Trespass To Try Title, § 1, p. 249. “Defendants’ denial of plaintiffs’ allegations of title and trespass places the burden on plaintiffs to establish each of these allegations. Day v. Godwin, 258 N.C. 465, 128 S.E. 2d 814.” Pruden v. Keemer, 1 N.C. App. 417, 161 S.E. 2d 783. Plaintiff must rely on the strength of his own title, and not on the weakness of defendant’s title. Norman v. Williams, 241 N.C. 732, 86 S.E.…