Gates County v. . Hill
Supreme Court of North Carolina
Appeal from Cline, J., at July Special Term, 1911, of Gates. This is an action to recover a lot of land, alleged to be a part of the public square of Gates County. There was a verdict in favor of the plaintiff, and the defendant appeals from a judgment rendered thereon.
1Opinion of the Court
Peb OubiaM.
Tbe defendant relies on'two exceptions in bis brief, tbe first being to tbe refusal of bis motion to nonsuit tbe plaintiff, and tbe second to tbe failure of bis Honor to instruct tbe jury, as requested, tbat tbe defendant could rely on adverse possession as a defense.
Tbe controversy between tbe parties is one of fact, tbe plaintiff contending tbat tbe deed under wbicb it claims covers tbe locus in quo and tbe defendant contending to tbe contrary, and as evidence was introduced supporting botb contentions, tbe motion to nonsuit was properly denied.
Tbe prayer for instruction was as…
2Cited by2 opinions
- Kelly v. Yadkin River Power Co.Supreme Court of North Carolina · 1912
- Barker v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1921