City of Wilmington v. Forden

HEDRICK, Judge.

Defendant contends that summary judgment for the plaintiff was inappropriate. He argues that plaintiff failed to make out a prima facie case for ejectment.

The general rule is that “a purchaser at an execution sale ... is entitled to recover in ejectment against the debtor, whose estate he has bought, upon showing a judgment, execution, and sheriffs deed.” 25 Am. Jur. 2d, Ejectment Sec. 30 (1966). In North Carolina the rule is well-settled that in an action of ejectment to try title plaintiff must prove his title:

Plaintiffs in ejectment may not rely on the weakness of…