Whitley v. . Kafir

Decided September 21, 1921

Supreme Court of North Carolina · decided 1921-09-21

Appeal by plaintiff from Allen, J., at May Term, 1921, of Beaueoet. Action for trespass involving tbe true location of tbe boundary line between tbe lands of plaintiff and defendants, admittedly adjoining property owners. From a verdict and judgment in favor of tbe defendants, tbe plaintiff appealed.

Decided 1921-09-21

Pee Cueiam.

¶1 Tbe only exception in tbe record relates to bis Honor’s refusal to give one of plaintiff’s special prayers for instructions. While tbe prayer, as requested, probably states a correct principle of law, as an abstract proposition, yet we think it was properly refused under tbe evidence in tbe instant case. It omitted all reference to tbe marked lines; and these should bave been considered by tbe jury, even under tbe facts stated in tbe prayer.

¶2 No error.