Minor v. Minor
742 S.E.2d 790
N.C.2013Background
- Plaintiffs Grover and Caroleen Minor hold title to 23.72 acres at 7949 Valley Falls Road, Greensboro, since 1972, surrounding an improved eight-acre area.
- Defendant Sandra Minor lived on the property with Tyson Minor from around 1984 and made substantial improvements without plaintiffs' permission or contribution.
- After Tyson separated from Sandra in 2001, she remained on the property; plaintiffs later sought summary ejectment, and obtained judgment in 2010.
- Sandra counterclaimed for adverse possession, asserting ownership of the entire parcel or a portion thereof.
- Pretrial order limited the jury issue to whether Sandra was entitled to the Property by adverse possession; evidence showed she claimed the entire tract.
- At trial Sandra sought an instruction to allow adverse possession of a portion of the parcel, but the court refused; the jury was instructed on possession of the whole property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly refused a portion-possession instruction | Minor argued defendant sought entire tract; instruction on part failed. | Minor contended she possessed only a portion under known lines and boundaries. | No reversible error; instruction on portion not required. |
Key Cases Cited
- Wallin v. Rice, 232 N.C. 371 (1950) (adverse possession of area identified within another's deed)
- Calhoun v. State Highway & Pub. Works Comm’n, 208 N.C. 424 (1935) (specific instruction required when correct and supported by evidence)
- State v. Davis, 291 N.C. 1 (1976) (reversible error for failure to give proper instruction)
- Bass v. Hocutt, 221 N.C. 218 (1942) (instruction standard and sufficiency of evidence considerations)
- Dockery v. Hocutt, 357 N.C. 210 (2003) (boundaries and possession concepts in adverse possession)
