Cherry v. Woolard

The sole assignment of error presented on this appeal is based upon exception to the action of the trial court in granting defendant’s motion for judgment as of nonsuit at the close of plaintiffs’ evidence.

At the outset it is noted that the parties agree that for the purposes of this appeal the ex parte special proceeding numbered 2663 in the office of Clerk of Superior Court of Beaufort County is not a part of defendant’s chain of title. Therefore, the inquiry here is, and will be confined to the collateral attack made by plaintiffs upon the civil action, commenced 30 November, 1929, in…