McKinney v. Morton

Supreme Court of North Carolina
McKinney v. Morton, 248 N.C. 101 (N.C. 1958)
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.

Reference

Full Case Name
ZEYLAND McKINNEY and Wife, RACHEL McKINNEY v. H. M. MORTON and Wife, SALLIE MORTON
Status
Published