Midgett v. Midgett

In this action for the recovery of land and for trespass thereon the allegations of plaintiffs as to their title and the trespass of the defendant are denied. It was then incumbent upon plaintiffs to establish both the issue of ownership and the issue of trespass. Locklear v. Oxendine, 233 N.C. 710, 65 S.E. 2d 673, Andrew's v. Bruton, 242 N.C. 93, 86 S.E. 2d 786.

In Andrews v. Bruton, supra, it is said:

“It seems appropriate to call attention to certain well-established rules. Their allegations as to title having been denied, it was incumbent upon plaintiffs to establish both ownership and…