Smith v. . Benson

Is there error in tbe judgment as of nonsuit from which this appeal is taken ? This is tbe sole question for consideration,— and tbe answer is No.

Where in an action for tbe recovery of land and for trespass thereon defendant denies plaintiff’s title and defendant’s trespass, nothing else appearing, issues of fact arise both as to title of plaintiff and as to trespass by defendant, — the burden of proof as to each being on plaintiff. Mortgage Corp. v. Barco, 218 N. C., 154, 10 S. E. (2d), 642.

In such an action plaintiff must rely upon tbe strength of bis own title. This requirement may be met…