Thompson v. Hayes

HEDRICK, Judge.

Defendants first assign as error the court’s denial of their “motion for dismissal at the close of the defendants’ case and after the close of all the evidence.”

Defendants’ motion for an involuntary dismissal in an action tried by the court without a jury challenges the sufficiency of the plaintiffs’ evidence to establish the right to relief. Allen v. Hunting Club, 14 N.C. App. 697, 189 S.E. 2d 532 (1972); Wells v. Insurance Co., 10 N.C. App. 584, 179 S.E. 2d 806 (1971). In this action for the recovery of land and for trespass thereon, plaintiffs’ allegations as to their title…