Guilford County NcArchives Court.....J. A. Newsome & Wife, P. V. Boone V. 1921
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 11, 2009, 4:03 pm

Source: North Carolina Reports Spring Term
Written: 1921

P.V. Boone v. J.A. Newsome & Wife

(Filed 20 April, 1921)

Trespass-Evidence-Verdict-Appeal and Error

Where a verdict is rendered upon conflicting evidence and without legal serror 
of the court, is is conclusive on appeal.

Appeal by plaintiff from Ray, J., at November Term, 1920, of Guilford.

Civil action for trespass which involved the true location of the dividing 
line between the premisis of plaintiff and defendants who were adjoining 
landowners. The locus in quo is a strip of land about 28 feet wide, to which 
both parties claimed title and possession.

Upon issues joined, there was a verdict and judgment in favor of defendants. 
Plaintiff appealed.

H.W. Cobb, Jr., and Fentress & Jerome for plaintiff
S.B. Adams and R.C. Strudwick for defendants

[NC Supreme Court]
Per Curiam. Plaintiff's exceptions and assignments of error relate only to the 
charge of the court upon general propositions of law, and after a careful 
investigation of the record we find no sufficient reason for disturbing the 
verdict and judgment.

Plaintiff alleged that he was the owner and in possession of a certain tract 
of land, including the locus in quo. It was not denied that plaintiff and 
defendants were abutting property owners, but it was the contention of 
defendants that plaintiff's deed did not cover the land in controversy, and 
that their own possession of said premises was rightful and lawful. Upon this 
disputed question of fact the juty's verdict was adverse to the plaintiff.

The exceptions must be overruled.

No error.

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