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VINCENT v. WOODY

No. 754.

76 S.E.2d 356 (1953)

238 N.C. 118

VINCENT v. WOODY et al.

Supreme Court of North Carolina.

June 12, 1953.

Attorney(s) appearing for the Case

Edwards & Sanders, Durham, for defendant-appellant.

C. Horton Poe, Jr., Durham, for plaintiff-appellee.

BARNHILL, Justice.

The appellant's exception to the denial of his motion to dismiss the action as in case of involuntary nonsuit is untenable. He admits in his answer that plaintiff holds the legal title to the vehicle in controversy and that he received possession thereof from plaintiff, which possession he has not voluntarily surrendered. Even now he claims the right of possession under an agreement that he should retain...

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