Shingleton v. North Carolina Wildlife Resources Commission

Did the trial court err in granting judgment as of nonsuit? This is the determinative question on this appeal. Pertinent decisions of this Court dictate negative answer.

When in an action for the 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 of defendant, — the burden of proof as to each being on plaintiff. Mortgage Co. v. Barco, 218 N.C. 154, 10 S.E. 2d 642; Smith v. Benson, 227 N.C. 56, 40 S.E. 2d 451; Locklear v. Oxendine, 233 N.C. 710, 65…