Williams v. Williams

The determinative question on this appeal is whether or not the lower court erred in nonsuiting the intervenor and concluding as a matter of law, upon the admitted facts and the evidence adduced at the trial, that the petitioner is entitled to dower in the lands of which David M. Williams died seized and possessed.

Ordinarily the petitioner has the burden of proof. However, in cases of voluntary intervention the intervenor has the burden of proving his case and establishing the rights claimed. McKinney v. Sutphin, 196 N.C. 318, 145 S.E. 621; Jennings v. Shannon, 200 N.C. 1, 156 S.E. 89.

It is…