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171 N.C. 300

Maultsby v. Braddy

Supreme Court of North Carolina

Decided April 5, 1916

Supreme Court of North Carolina · decided 1916-04-05

PROCEEDINGS instituted before the clerk under the processioning act and heard on appeal before Whedbee, J., and a jury, at October Term, 19.15, of Bladen. From an examination of the record it appears that a tract of land, 337 acres, was formerly owned by G-. E. Dixon, and in 1863 he conveyed 100 acres of it to defendant.

Decided 1916-04-05

Hoke, J.,

¶1after stating the case: The effect of defendant’s plea, in our opinion, was to put in issue the title to the strip of land in dispute between the parties, and, in such ease, the Court has recently held that a judgment will operate as an estoppel both on the title and as to the correct location of the line. This being true, we are of opinion that the defendant was entitled to have her testimony, tending to show actual adverse and continuous occupation for thirty years and over, considered ■by the jury, either on a direct issue as to title or on the issue as to the correct location of the present divisional line. See Whitaker v. Garren, 167 N. C., 658; Woody v. Fountain, 143 N. C., 66.

¶2For the error indicated, defendant is entitled to a new trial, and it is so ordered.

¶3New trial.

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