Woodlief v. Johnson

EAGLES, Judge.

I

Defendants first assign as error the trial court’s denial of their motion to dismiss pursuant to G.S. 1A-1, Rule 41 made at the close of plaintiffs’ evidence and the trial court’s findings of fact and conclusions of law that the 1956 deed recorded at Book 133, Page 502, Bladen County Registry, creates an express grant of an easement to both plaintiffs and defendants over Godwin Street.

In a non-jury case, as here, after the plaintiff has rested his case, defendant may move pursuant to G.S. 1A-1, Rule 41(b) for a dismissal on the ground that upon the facts and the law plaintiff…