Herbert v. Babson

WEBB, Judge.

In making the motion for a directed verdict the appellants did not state the grounds therefor contrary to the requirement of G.S. 1A-1, Rule 50(a). It was obviously made on the ground of the insufficiency of the appellees’ evidence. We shall consider the appeal on its merits. See Collier v. Walker, 19 N.C. App. 617, 199 S.E. 2d 691 (1973).

This case brings to the Court the question of adverse possession between tenants in common. This question has recurred in our courts for many years. A tenant in common can gain title against his cotenants by actual ouster followed by the…