Home Real Estate Loan & Insurance v. Town of Carolina Beach

Appellants except to tbe judgment below upon two-grounds: (1) That tbe court erred in bolding as a matter of law tbat tbe evidence taken in tbe light most favorable to plaintiffs is insufficient to make out a case to be submitted to the jury; (2) tbat tbe court erred in signing tbe judgment without finding tbe facts.

It is our opinion, and we bold, tbat tbe exceptions are untenable.

1. At tbe outset it is noted tbat tbe evidence discloses tbat defendant owns and occupies lots sold with reference to tbe original map prior to tbe change of map in 1916.

It is a settled principle tbat if tbe owner…