Brabble v. . Brumsey

89 S.E. 1008, 172 N.C. 832, 1916 N.C. LEXIS 410

• Court: Supreme Court of North Carolina
• Decided: September 20, 1916
• Status: Published

Opinion

P®R Cukiam.

There are several exceptions in the record which we have examined, none of which will justify ordering a new trial.

Those principally relied on are, first, the statement of the witness that it was his impression that certain marks were made with an axe, and, second, to the charge of the court that the possession must be continuous under color to- take the title out of the State.

There is nothing to show that the opinion expressed by the witness as to the mark was material or in any way influenced the verdict, and his Honor did not, in fact, charge as- claimed as to the continuity of possession.

If, however, he had done so, and conceding that this would have been technically erroneous, it would not be reversible error for the reason that it- was not disputed that the plaintiffs had been in possession of the land' within their deeds and outside of the dispute continuously, and the real question for the jury to determine was the location of the boundaries, and this has been settled by the verdict under instructions which are without error.

No error.