Brewer v. Brewer

The petitioners in the trial below moved for judgment as of nonsuit on the plea of sole seizin on the ground that the evidence offered by the respondents was insufficient to show ouster. The motion was overruled and the petitioners excepted thereto and base their seventh assignment of error thereon. They cite, in support of their motion, the case of Cox v. Wright, 218 N.C. 342, 11 S.E. 2d 158. This case quotes with approval the language of Pearson, C. J., in Day v. Howard, 73 N.C. 1, as follows: “There is a fellowship between tenants in common. The law assumes they will be true to each other;…