Supreme Court of North Carolina September 27, 1961, 26 (Tripp v. Keais)

WiNBORNE, C.J.

It is well settled in North Carolina that where in an action for the recovery of land and for trespass thereon defendant denies plaintiff’s title and defendant’s trespass, nothing else appearing, issues of fact arise both as to title of plaintiff and as to trespass of defendant, the burden as to each being on plaintiff.

Mortgage Corp. v. Barco,

218 N.C. 154, 10 S.E. 2d 642;

Smith v.