Jordan v. . Wetmur

The first issue, which is determinative of the action, is as follows: “Is the intervener the owner of and entitled to the possession of the ear sued for?”

The court below charged the jury “If you believe the evidence and all the evidence you will answer that issue “No.” We think the charge of the court below correct under the facts and circumstances of this case.

The Carolina Discount Corporation is the intervener in this action. The burden is on it to show title — it has the laboring oar.

Speaking to the subject, it is held in Hill v. Palillo, 181 N. C., at p. 532: “In -such a proceeding the…