While a directed verdict might have been the better procedure, the plaintiff has shown no harm from the form of the judgment entered.
Affirmed.
Ratledge v. Reynolds, 216 N.C. 797 (1939)
Sept. 27, 1939
·
Supreme Court of North Carolina
216 N.C. 797
ELSIE V. RATLEDGE v. OTTIS J. REYNOLDS et al.
(Filed 27 September, 1939.)
Appeal by plaintiff from Alley, J., at April Term, 1939, of Surry. Civil action in ejectment.
It appears from tbe record that on 3 January, 1925, L. E. Cockerham and wife conveyed tbe locus in quo to J. W. Brookshire and wife, Alma Brookshire.
Plaintiff and defendant both claim under J. W. Brookshire and wife, Alma Brookshire.
Plaintiff offered in evidence a connected paper chain of title from tbe common source and rested.
*798Defendant offered in evidence deed of trust from J. W. Brookshire and wife, Alma Brookshire, to Carolina Mortgage and Indemnity Company, foreclosure, etc.
The trial court held .that on the record as presented, the defendant had shown the better title, and entered judgment of nonsuit. Plaintiff appeals.
R. A. Freeman, William M. Allen, and Hoke F. Henderson for plaintiff, appellant.
Earl C. James for defendants, appellees.