King v. Lee

BOBBITT, Chief Justice.

The denial by the answering defendants that Albert King, the father of defendant Willie Albert King, owned any interest in Tract #3, and their plea that defendant Willie Albert King is the sole owner thereof in fee, converted the proceeding into an action to try title as in ejectment. 6 Strong, N. C. Index 2d, Partition § 4, at 199 (1968). The burden was on petitioners to show title as alleged, that is, the tenancy in common. Bailey v. Hayman, 218 N.C. 175, 177, 10 S.E. 2d 667, 668 (1940); Jernigan v. Jerigan, 226 N.C. 204, 206, 37 S.E. 2d 493, 494 (1946), and cases…