Freeman v. City of Charlotte

Defendant, in its brief, presents this question for decision: “Did the court err in overruling defendant’s motion of non-suit at the close of plaintiffs’ evidence, renewed at the close of all the evidence, in failing to charge the jury as to the burden of proof on the plaintiffs where title to real estate is in issue, and in signing and entry of judgment?”

When one wrongfully enters upon the land of another and cuts trees thereon, the owner of the land has an election of remedies. Andrews v. Bruton, 242 N.C. 93, 96, 86 S.E. 2d 786, 789, and cases cited. Plaintiffs elected to sue for permanent…