Austin v. . Hopkins

The sole question presented on this appeal is: Bid his Honor commit error in failing to charge the jury on the question of adverse possession? The answer is No.

The defendant cannot assert title to the disputed area by adverse possession in the face of the stipulation entered into by him. Matthews v. Myatt, 172 N. C., 230, 90 S. E., 150, the case upon which the appellant is relying, is not applicable to the facts herein. In that case the plaintiff claimed the disputed area upon two grounds: (1) That it was covered by his record title; and (2) that if the disputed area was not covered by the…