McKinney v. Morton

Where, in a processioning proceeding, the only real controversy is as to the true location of the dividing line between the lands of the petitioners and of the respondents the cause should not be dismissed as in case of nonsuit. See Cornelison v. Hammond, 225 N.C. 535, 35 S.E. 2d 633; Brown v. Hodges, 230 N.C. 746, 55 S.E. 2d 498; Plemmons v. Cutshall, 234 N.C. 506, 67 S.E. 2d 501, under authority of which the judgment of voluntary nonsuit entered, below is hereby

Reversed.