Taylor v. Tri-County Electric Membership Corp.
Taylor v. Tri-County Electric Membership Corp.
Opinion of the Court
Plaintiff James A. Taylor presented the only evidence offered for plaintiffs1. He identified plaintiffs’ exhibit No. 1 as the deed to his property and testified that “it accurately describes my property.” He then testified that he knew the boundaries, that an iron stake at each corner marks the boundaries. He pointed to a drawing on the blackboard and testified: “I made the marks that are on the blackboard now. This is Carraway
Defendant contends this is not sufficient. We agree. In Andrews v. Bruton, 242 N.C. 93, 86 S.E. 2d 786 (1955), an action for damages for trespass and cutting timber, Bobbitt, J. (now C.J.), speaking for the Court, said:
“It seems appropriate to call attention to certain well-established rules. Their allegations as to title having been denied, it was incumbent upon plaintiffs to establish both ownership and trespass. Norman v. Williams, 241 N.C. 732, 86 S.E. 2d 593, and cases cited. Whether relying upon their deeds as proof of title or of color of title, they were required to locate the land by fitting the description in the deeds to the earth’s surface. G.S. 8-39; Locklear v. Oxendine, 233 N.C. 710, 65 S.E. 2d 673; Parsons v. Lumber Co., 214 N.C. 459, 199 S.E. 626. In the absence of title or color of title, they were required to establish the known and visible lines and boundaries of the land actually occupied for the statutory period. Carswell v. Morganton, 236 N.C. 375, 72 S.E. 2d 748.”
Here also defendant denied plaintiffs’ title. Applying the well-established rules set out in Andrews v. Bruton, supra, it is obvious that plaintiffs’ evidence is insufficient.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.