Price v. Whisnant

This case was before us at tbe Fall Term, 1950. We granted a new trial because of errors in tbe charge with respect to tbe burden of going forward with the evidence and as to what constituted constructive possession. Tbe opinion on tbat appeal is reported in 232 N.C. 653, 62 S.E. 2d 56.

In tbe former opinion, we interpreted tbe allegations of tbe complaint and tbe evidence introduced at tbe trial from wbicb tbe appeal was taken, to show tbat tbe plaintiff was claiming title to tbe 175 acres of land described in the quitclaim deed from the Lee heirs, and that the quitclaim deed contained a…