Robinson v. Sampson, 248 N.C. 746 (1958)

Sept. 24, 1958 · Supreme Court of North Carolina
248 N.C. 746

RICHARD ROBINSON, KATIE FULTON and MARGUERITE FITCHETT v. ANDREW SAMPSON.

(Filed 24 September, 1958.)

Appeal by plaintiffs from Frizzelle, J., February, 1958 Civil Term, New HaNOVer Superior Court.

*747Civil action to remove cloud from the title to specifically described lands. Plaintiffs allege (1) they, uncle and aunts, inherited the lands as heirs at law of Gertrude Green, deceased; (2) the defendant falsely claims he is the illegitimate son of Gertrude Green and that the land descended to him upon her death intestate; and (3) the defendant’s false claim constitutes a cloud upon the plaintiffs’ title which they ask the court to remove. The defendant denied plaintiffs’ claim of title and asserted his sole ownership as the illegitimate son of Gertrude Green, deceased. The parties agreed upon the proper issue, the burden of proof, and the right to open and conclude the argument.

After hearing the evidence the jury rendered a verdict for the defendant. The court entered judgment declaring him the owner of the land and entitled to the immediate possession. From the judgment, the plaintiffs appealed.

Taylor & Mitchell, for plaintiffs, appellants.

Marsden Bellamy, George Rountree, Jr., for defendant, appellee.

Per Curiam.

The plaintiffs bring forward numerous assignments of error based on the admission of evidence and the court’s charge. These we have examined and we find them without merit.

No Error.