Tise v. . Hicks.

Connor, T.

The sole question presented by this appeal, is whether there was error in allowing defendant’s motion for judgment as of non-suit, at the close of plaintiff’s evidence, on the trial in Forsyth County Court. This evidence tended to show the facts to be as follows:

W. R. Tise died on 1 May, 1913, intestate, leaving, as his heirs at law five children, plaintiff and defendants. At the date of his death he was seized in fee and in possession of a house and lot on Patterson Avenue, in the city of -'Winston-Salem. On 30 March, 1918, defendants, Mrs. R. B. Brewer, Mrs. Ellen Sanders, and R.…