Walker v. Story

The action is in substance an action in ejectment with the burden on plaintiff to establish his superior title. Hayes v. Ricard, 244 N.C. 313, 93 S.E. 2d 540.

To establish his ownership and right to possession plaintiff offered in evidence a deed dated 1 September 1926 from Nelson Hawkins and wife to Edward Mickler and Helen Ahern for the land in controversy. He also offered in evidence deeds which would vest in him such title, if any, as Mickler and Ahern acquired by the deed to them. Plaintiff offered no evidence of possession by him or his grantors nor did he offer any evidence tending to…