Boone v. . Collins

Supreme Court of North Carolina

Boone v. . Collins

161 S.E. 543, 202 N.C. 12, 1931 N.C. LEXIS 160

Supreme Court of North Carolina·Decided December 23, 1931·Published·Cited by 13 cases

Opinion

Stacy, 0. J.

This is a special proceeding to establish the dividing line between adjoining landowners. The plaintiff says the line is at one place, the “Solid Line” .shown on the map, and the defendant says it is at another, the “Dash Line” shown thereon.

The burden of establishing the true location of the boundary line was . on the plaintiff. Hill v. Dalton, 140 N. C., 9, 52 S. E., 273. But this was inadvertently placed on both parties at the same time. Power Co. v. Taylor, 194 N. C., 231, 139 S. E., 381. Similar instructions were held for error in Garris v. Harrington, 167 N. C., 86, 83 S. E., 253, and Tillotson v. Fulp, 172 N. C., 499, 90 S. E., 500. The burden of proving the affirmative of a single issue cannot rest on both sides at the same time. Carr v. Bizzell, 192 N. C., 212, 134 S. E., 462; Speas v. Bank, 188 N. C., 524, 125 S. E., 398.

The rule as to the burden of proof constitutes a substantial right, and its erroneous placing is reversible error. Hosiery Co. v. Express Co., 184 N. C., 478, 114 S. E., 823.

New trial.

Free access — add to your briefcase to read the full text and ask questions with AI

Stacy, 0. J.

This is a special proceeding to establish the dividing line between adjoining landowners. The plaintiff says the line is at one place, the “Solid Line” .shown on the map, and the defendant says it is at another, the “Dash Line” shown thereon.

The burden of establishing the true location of the boundary line was . on the plaintiff. Hill v. Dalton, 140 N. C., 9, 52 S. E., 273. But this was inadvertently placed on both parties at the same time. Power Co. v. Taylor, 194 N. C., 231, 139 S. E., 381. Similar instructions were held for error in Garris v. Harrington, 167 N. C., 86, 83 S. E., 253, and Tillotson v. Fulp, 172 N. C., 499, 90 S. E., 500. The burden of proving the affirmative of a single issue cannot rest on both sides at the same time. Carr v. Bizzell, 192 N. C., 212, 134 S. E., 462; Speas v. Bank, 188 N. C., 524, 125 S. E., 398.

The rule as to the burden of proof constitutes a substantial right, and its erroneous placing is reversible error. Hosiery Co. v. Express Co., 184 N. C., 478, 114 S. E., 823.

New trial.

Boone v. . Collins, 161 S.E. 543, 202 N.C. 12, 1931 N.C. LEXIS 160 (N.C. 1931).

Pincite

161 S.E. 543 (Boone v. . Collins) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related