Supreme Court of North Carolina, 1958

McKinney v. Morton

McKinney v. Morton
Supreme Court of North Carolina · Decided March 26, 1958
248 N.C. 101; 102 S.E.2d 449; 1958 N.C. LEXIS 339

McKinney v. Morton

Opinion of the Court

PER Curiam.

Where, in a processioning proceeding, the only real controversy is as to the true location of the dividing line between the lands of the petitioners and of the respondents the cause should not be dismissed as in case of nonsuit. See Cornelison v. Hammond, 225 N.C. 535, 35 S.E. 2d 633; Brown v. Hodges, 230 N.C. 746, 55 S.E. 2d 498; Plemmons v. Cutshall, 234 N.C. 506, 67 S.E. 2d 501, under authority of which the judgment of voluntary nonsuit entered, below is hereby

Reversed.

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