Thompson v. Hayes
Thompson v. Hayes
Opinion of the Court
Defendants first assign as error the court’s denial of their “motion for dismissal at the close of the defendants’ case and after the close of all the evidence.”
Defendants’ motion for an involuntary dismissal in an action tried by the court without a jury challenges the sufficiency of the plaintiffs’ evidence to establish the right to relief. Allen v. Hunting Club, 14 N.C. App. 697, 189 S.E. 2d 532 (1972); Wells v. Insurance Co., 10 N.C. App. 584, 179 S.E. 2d 806 (1971). In this action for the recovery of land and for trespass thereon, plaintiffs’ allegations as to their title and trespass by the defendants were denied. Plaintiffs’ burden then became to establish both ownership in themselves and trespass by the dé-fendants. Midgett v. Midgett, 5 N.C. App. 74, 168 S.E. 2d 53 (1969), cert. denied, 275 N.C. 595 (1969).
With respect to ownership of the land, the burden is upon the plaintiffs to establish title good against the whole world or against the defendants by estoppel. Walker v. Story, 253 N.C. 59, 116 S.E. 2d 147 (1960); Mobley v. Griffin, 104 N.C. 112, 10 S.E. 142 (1889). In an action to recover land, a prima facie showing of title is made when the plaintiff connects his title
We are of the opinion and so hold that when exhibits 1-9 and the testimony of the court appointed surveyor are considered together, the evidence is sufficient to connect the title of the land claimed by the plaintiffs and defendants, which includes the land in controversy, to Fred Newell and wife, Bettie Newell, and to show in plaintiffs better title to the land in controversy from that common source. Furthermore, by the testimony of the court appointed surveyor and Matthew Hunter, plaintiffs offered evidence tending to show that the defendants’ fish market and two trailers were wholly or partially located on the land in controversy. The evidence was sufficient to establish plaintiffs’ claim for relief, and defendants’ motion for involuntary dismissal was properly denied.
By their fifth assignment of error, defendants attempt to challenge the sufficiency of the evidence to support findings of fact numbered 9, 10 and 11. Exception No. 5 appears in the
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.