Garris v. Butler

HEDRICK, Judge.

The defendants contend the court erred in denying their timely motion for involuntary dismissal. Defendants’ motion for an involuntary dismissal in an action tried by the Court without a jury challenges the sufficiency of the plaintiffs’ evidence to establish the right to relief. Wells v. Insurance Co., 10 N.C. App. 584, 179 S.E. 2d 806 (1971). In an action to remove cloud from title, the burden is upon plaintiffs to prove title good against the whole world or against the defendants by estoppel. Walker v. Story, 253 N.C. 59, 116 S.E. 2d 147 (1960). “The plaintiff may safely…