Gaither v. Albemarle Hospital, Inc.

"WiNBORNE, J.

Appellants, the defendants, raise, and debate in their brief filed here on this appeal, four questions as arising upon assignments of error on which they rely. We hold, however, that on the record and case on appeal now considered, prejudicial error is not made to appear.

The first question presented is this: “Should the court have disposed of defendants’ plea of adverse possession prior to entering an order of compulsory reference?” As to this, if it be conceded that the plea as made be sufficient to set up a good plea in bar to plaintiffs’ cause of action, “the rule of practice…