Farmers Bank of Clayton v. McCullers
This text of 157 S.E. 869 (Farmers Bank of Clayton v. McCullers) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The burden of proof upon the allegations in the co)m-plaint and amended complaint was upon the plaintiff, and in such cases the correct principles of practice forbid a directed instruction upon the pleadings in favor of the party upon whom the burden of proof rests. House v. R. R., 131 N. C., 103; Yarn Mills v. Armstrong, 191 N. C., 125. The record shows that in a counter-statement of case on appeal by the plaintiff it appears that the deeds from Nellie Horne McCullers to her husband were offered in evidence, and that said deeds show a failure to comply with C. S., 2515. However, it is obvious that the judgment was rendered upon the pleadings.
Error.
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Cite This Page — Counsel Stack
157 S.E. 869, 200 N.C. 591, 1931 N.C. LEXIS 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-bank-of-clayton-v-mccullers-nc-1931.