Faucette v. Griffin

HEDRICK, Judge.

Summary judgment is appropriate only when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” Rule 56(c). In an action to remove a cloud on title to real property the plaintiff assumes the burden of proving “a title good against the whole world or good against the defendant by estoppel.” Mobley v. Griffin, 104 N.C. 112, 114 (1889). To sustain this burden upon a motion for summary judgment…