Blake v. Norman

CLARK, Judge.

Defendants’ plea that the Batson and Cutts cases are res judicata and a bar to plaintiffs’ claim requires an examination of these cases, which were introduced in evidence at the hearing on defendants’ plea. See Batson v. Bell, 249 N.C. 718, 107 S.E. 2d 562 (1959), and Cutts v. Casey, 271 N.C. 165, 155 S.E. 2d 519 (1967); 275 N.C. 599, 170 S.E. 2d 598 (1969); and 278 N.C. 390, 180 S.E. 2d 297 (1971).

In both the Batson and Cutts cases plaintiffs traced title to land grant No. 1696, dated 20 April 1859, from the State of North Carolina to Jesse W. Batson, conveying 51 acres of land…