Poe v. Bryan

GRAHAM, Judge.

Defendants assign as error the overruling of their motions for a directed verdict.

“In an action of trespass when both parties claim title to the land involved, and each seeks an adjudication that he is the owner and entitled to the possession of the disputed property, each has the burden of establishing his title by one of the methods specified in Mobley v. Griffin, 104 N.C. 112, 10 S.E. 142; Day v. Godwin and Day v. Paper Co. and Day v. Blanchard, 258 N.C. 465, 128 S.E. 2d 814. Where, as here, the parties claim through a common source, the burden on the issue of title rests…