Lane v. Faust

MALLARD, Chief Judge.

This case has been heard by this court before. The opinion is reported in 9 N.C. App. 427, 176 S.E. 2d 381 (1970). On that appeal it was held that it was error, in this action to remove a cloud from title, for the trial judge to take the case away from the jury and enter judgment in favor of plaintiffs, *720who had the burden of proof, without permitting the defendants to introduce any evidence.

The judgment on this appeal was entered after notice and after the hearing on plaintiffs’ motion for summary judgment under Rule 56. At this hearing the parties offered their evidence…