Dill-Cramer-Truitt Corp. v. . Downs

This action has heretofore been before this Court. The plaintiff appealed and was granted a new trial. In the former appeal it was held: “In actions involving title to real property, where the State is not a party, other than in trials of protested entries laid for the purpose of obtaining grants, the title is conclusively presumed to be out of the State, and neither party is required to show such fact, though either may do so. C. S., 426; Moore v. Miller, 179 N. C., 396, 102 S. E., 627; Pennell v. Brookshire, 193 N. C., 73, 136 S. E., 257. And in actions between individual litigants, as…