Baldwin v. Hinton

While nominally a cause of action to remove a cloud from plaintiffs’ title, this is essentially an action in ejectment. True, possession by plaintiffs is not a prerequisite to an action brought under G.S. 41-10. Satterwhite v. Gallagher, 173 N.C. 525, 92 S.E. 369; Vick v. Winslow, 209 N.C. 540, 183 S.E. 750. Nor is it necessary in such an action to allege or establish either trespass or unlawful possession by defendants. But where, as here, defendants are in actual possession, and plaintiffs seek to recover possession, the action in essence is in ejectment. Hines v. Moye, 125 N.C. 8, 34 S.E.…