Supreme Court of North Carolina, 1939

Champion Paper & Fibre Co. v. Lee

Champion Paper & Fibre Co. v. Lee
Supreme Court of North Carolina · Decided September 27, 1939
216 N.C. 244

Champion Paper & Fibre Co. v. Lee

Opinion of the Court

Per Curiam.

Defendants contend that a compulsory reference cannot be ordered until their alleged plea in bar has been determined. If it be conceded that the statute relating to the ripening of title by seven years adverse possession under color of title may be invoked as a plea in bar, there is still a complicated question of boundary within the meaning of the statute, C. S., 573 (3), presented on the pleadings in this case. The plea presents it.

The defendants rely upon Duckworth v. Duckworth, 144 N. C., 620, 57 S. E., 396. The decision there is clearly distinguishable by reason of different factual situation. Here, in any event, there is a complicated boundary dispute.

The judgment below is

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.