McCanless v. . Ballard

In a processioning proceeding under C. S., 361-364, to establish the boundary line between adjoining landowners, which is applicable only in case of a dispute as to its true location, Wood v. Hughes, 195 N. C., 185, 141 S. E., 569, the plaintiff is the actor and has the burden of establishing the true location of the dividing line. Garris v. Harrington, 167 N. C., 86, 83 S. E., 253; Hill v. Dalton, 140 N. C., 9, 52 S. E., 425; Woody v. Fountain, 143 N. C., 66, 55 S. E., 425.

Here the court properly instructed the jury that the plaintiffs had the laboring oar in establishing the true dividing…