Helton v. Cook

BROCK, Chief Judge.

The sole question presented by this appeal is whether plaintiff’s claim of title by adverse possession under G.S. 1-40 is *567defective as a matter of law because of her absence from the property for four months and nine months to serve separate prison sentences. In view of the unique circumstances surrounding Mrs. Helton’s occupation of the property, we hold that despite her temporary absences from the property in question Mrs. Helton’s possession was sufficiently continuous to ripen her claim of adverse possession for the twenty-year statutory period.

Plaintiff’s evidence…