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JACKSON v. McCOURY

No. 453.

101 S.E.2d 377 (1958)

247 N.C. 502

Sampson JACKSON v. Zelzah McCOURY.

Supreme Court of North Carolina.

January 10, 1958.

Attorney(s) appearing for the Case

Smith, Leach, Anderson & Dorsett, Raleigh, for defendant-appellant.

Mordecai, Mills & Parker, Raleigh, for plaintiff-appellee.

WINBORNE, Chief Justice.

The question involved on this appeal, as aptly stated in brief of defendant-appellant, is "Whether the court erred in denying his motion for nonsuit made at close of plaintiff's evidence and renewed at the close of all the evidence, in finding the facts incorporated in the judgment, and in rendering the judgment."

In this connection it must be borne in mind that this action is based on what is

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