Boone v. Collins, 204 N.C. 803 (1933)

June 14, 1933 · Supreme Court of North Carolina

204 N.C. 803

G. M. BOONE v. BELLE E. COLLINS.

(Filed 14 June, 1933.)

Appeal by defendant from Moore, J., at September Term, 1932, of Haywood.

New trial.

Grover G. Davis for plaintiff.

J os. E. J ohnson and J ohnson, Smothers & Rollins for defendant.

Pee Cuioam.

When the ease was here on a former appeal (202 N. C., 12) a new trial was granted for tbe reason that the judge inadvertently placed the burden of proof on both parties. On the second trial the same error was committed, and we are not satisfied that the attempted correction resulted in a clear explanation of the law, particularly in view of the instructions relating to adverse possession.

New trial.