Lane v. Faust

In an action to remove cloud from title to real property the burden is on plaintiff to prove good title either against the whole world or against the defendant by estoppel. Walker v. Story, 253 N.C. 59, 116 S.E. 2d 147. In the case before us the trial judge, upon consideration of plaintiffs’ evidence alone and without permitting the defendants to introduce any evidence, took the case from the jury and rendered judgment for the plaintiffs, who bore the burden of proof. In this there was error.

From the record it appears that both parties claim to derive title through provisions of the will of…