Legal Opinion

Crisp v. Benfield

Court of Appeals of North Carolina

Decided October 4, 1983No. 8225SC1117PublishedCited by 3 opinions

1Opinion of the Court

WELLS, Judge.

In ruling on a motion for a directed verdict under G.S. 1A-1, Rule 50 of the North Carolina Rules of Civil Procedure, the trial court must consider all the evidence in the light most favorable to the party opposing the motion. Norman v. Banasik, 304 N.C. 341, 283 S.E. 2d 489 (1981). The party claiming title by adverse possession has the burden of proof on that issue. State v. Brooks, 275 N.C. 175, 166 S.E. 2d 70 (1969). Therefore, defendants’ motion for a directed verdict could properly be granted only if the evidence, taken in the light most favorable to the plaintiffs, proved…

2Cases cited6 opinions

  1. State v. BrooksSupreme Court of North Carolina · 1969
  2. Price v. Tomrich CorporationSupreme Court of North Carolina · 1969
  3. Mallet v. HuskeSupreme Court of North Carolina · 1964
  4. Cothran v. Akers Motor Lines, Inc.Supreme Court of North Carolina · 1962
  5. Mizzell v. EwellCourt of Appeals of North Carolina · 1975

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Federal Paper Board Co. v. HartsfieldCourt of Appeals of North Carolina · 1987
  2. Lancaster v. Maple Street Homeowners Ass'n, Inc.Court of Appeals of North Carolina · 2003
  3. Lancaster v. Maple Street Homeowners Ass'n, Inc.Court of Appeals of North Carolina · 2003

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