Nesbitt v. Fairview Farms, Inc.

At the outset, it is appropriate to say that in this State it is provided by statute, G.S. 38-1, that “the owner of land, any of whose boundary lines are in dispute, may establish any of such lines by special proceedings in the Superior Court of the county in which the land or any part thereof is situated.” Petitioners have proceeded under this statute.

The title to the land is not in issue unless made so by the pleadings. Cole v. Seawell, 152 N.C. 349, 67 S.E. 753. Here the petitioners allege in their petition that they are the owners of a certain tract of land, that defendant is the owner of…