Cutts v. Casey

SHARP, Justice.

This action of trespass to try title was before us at the Fall Term 1967, Cutts v. Casey, 271 N.C. 165, 155 S.E. 2d 519. It was here again at the Fall Term 1969, Cutts v. Casey, 275 N.C. 599, 170 S.E. 2d 598. Reference is made to these two decisions for the history of the case and a resume of the evidence in the first two trials.

The complaint alleges: Plaintiff is the owner of 2.8 acres in Topsail Township, Pender County, described by metes and bounds and designated as lot No. 3 on the map of the Division of Lands of Jesse W. Batson, recorded in Map Book 5, page 78. Defendants,…