Seawell v. Boone's Mill Fishing Club, Inc.

The principal assignment of error presented on this appeal is based upon exception to the ruling of the trial court in granting defendant’s motion for judgment as of nonsuit entered when plaintiffs rested their case.

In this connection, taking the evidence offered by the plaintiffs in the light most favorable to them, this Court is of opinion, and holds, that there is total failure of proof as to location of land sought to be recovered by plaintiffs as described in the complaint. And hence the nonsuit was properly granted.

When in an action for the recovery of land, as in the present case,…