Davis v. McDevitt, 202 N.C. 851 (1932)

May 18, 1932 · Supreme Court of North Carolina
202 N.C. 851

EMMA DAVIS et al. v. ASBERRY McDEVITT et al.

(Filed 18 May, 1932.)

Appeal by defendants from Stack, J., at October Term, 1931, of MADISON.

Civil action for trespass, converted into an action in,ejectment upon defendants’ plea of ownership, sole seizin and possession.

. There was a verdict and judgment for plaintiffs, from which the defendants appeal, assigning errors.

Carl Stuart and Johnsonf Smothers <& Rollins for plaintiffs.

John A'. Hendricks for defendants.

Pee Curiam.

We have discovered no • reversible error on the record. It is admitted that plaintiffs and defendants claim title from a common source. 'His Honor was of opinion that of the two titles shown, the plaintiffs had the better, and so instructed the jury. Mobley v. Griffin, 104 N. C., 112, 10 S. E., 142. In this, we find

No error.