Cherry v. Roanoke Tobacco Warehouse Co.

In an action for damages for breach of a covenant of seizin, where the defendant denies, the breach, and there are no admissions to the contrary, the burden of proof to show the breach is upon the plaintiff under our code system of pleading, — so this Court held in Eames v. Armstrong, 142 N.C. 506, 55 S.E. 405. Under this rule, plaintiffs in the case in hand have the burden of proof to show a breach of the covenant of seizin in the deed from defendant to them, that is, that there is a partial failure of title to the land described in this deed.

In this connection it seems that the -controversy…