Garris v. . Harrington
Supreme Court of North Carolina
Appeal by defendants from Daniels, J:, at April Term, 1914, of Pitt. Tbis is a proceeding to establish tbe dividing line between tbe plaintiff and defendant. Tbe plaintiff contends tbat tbe true line is from A to B on tbe plat, and tbe defendant, tbat it is from 0 to A, tbe land in dispute being a triangle between tbe lines A B and A C. Botb parties introduced evidence to sustain tbeir contentions.
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Appeal by defendants from Daniels, J:, at April Term, 1914, of Pitt. Tbis is a proceeding to establish tbe dividing line between tbe plaintiff and defendant. Tbe plaintiff contends tbat tbe true line is from A to B on tbe plat, and tbe defendant, tbat it is from 0 to A, tbe land in dispute being a triangle between tbe lines A B and A C. Botb parties introduced evidence to sustain tbeir contentions. Tbe jury returned tbe following verdict: “1. What is tbe true dividing line between tbe plaintiffs and defendant ? Answer: ‘A B.’ “2. Have tbe defendants been in possession of tbe lands lying south…
1Opinion of the CourtAlleN, J.
The plaintiff became the actor, and assumed the burden of proof to establish the true line between him and the defendant, when he instituted the proceeding (Hill v. Dalton, 140 N. C., 9), and this burden of proof did not shift to the defendant because, in addition to denying the line to be as claimed by the plaintiff, he alleged another to be the dividing line.
The precise question was considered and decided in Woody v. Fountain, 143 N. C., 66. In that case, which was a proceeding to establish a dividing line, the plaintiff alleged the true line to be at a certain place. This was denied by the…
2Cases cited3 opinions
- Hill v. Dalton.Supreme Court of North Carolina · 1905
- Woody v. Fountain.Supreme Court of North Carolina · 1906
- Hill v. Dalton.Supreme Court of North Carolina · 1904
3Cited by10 opinions
- Virginia-Carolina Power Co. v. TaylorSupreme Court of North Carolina · 1927
- Plemmons v. CutshallSupreme Court of North Carolina · 1951
- McCanless v. . BallardSupreme Court of North Carolina · 1943
- Boone v. . CollinsSupreme Court of North Carolina · 1931
- Carr v. . BizzellSupreme Court of North Carolina · 1926
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