Pardue v. Brinegar

I respectfully dissent from the majority’s analysis affirming the trial court’s denial of plaintiff’s motion for directed verdict at the close of all of the evidence, and the denial of plaintiff’s motion for judgment notwithstanding the verdict after the trial.

A deed is to be construed by the court and not by the jury. WalMart Stores, Inc. v. Ingles Mkts., Inc., 158 N.C. App. 414, 417, 581 S.E.2d 111, 114 (2003) (quoting Elliott v. Cox, 100 N.C. 536, 538, 397 S.E.2d 319, 320 (1990)). “ ‘The language of the deed being clear and unequivocal, it must be given effect according to its terms, and…