O'Neal v. . Dunston
This text of 82 S.E. 846 (O'Neal v. . Dunston) 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 real controversy in this action is one of fact as to the true dividing line between the plaintiff and defendant, which has been decided by the jury, and we find no error upon the trial.
The verdict was in favor of the defendant, and judgment for the entire cost was awarded against the plaintiff, to which he excepted upon the ground that while he did not maintain his claim against the defendant in its entirety, he did in part.
It appears, however, that the defendant did not claim possession of any part of the land in controversy beyond the line found to be the true line, and as there is no evidence tending to prove, and no finding showing possession beyond the line, it was proper to enter judgment for cost against the plaintiff.
No error.
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Cite This Page — Counsel Stack
82 S.E. 846, 168 N.C. 80, 1914 N.C. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneal-v-dunston-nc-1914.