RICE v. WACHOVIA BANK & TRUST CO.

No. 605.

59 S.E.2d 803 (1950)

232 N.C. 222

RICE et al. v. WACHOVIA BANK & TRUST CO. et al.

Supreme Court of North Carolina.

June 9, 1950.


Attorney(s) appearing for the Case

McKinnon & McKinnon, Lumberton, W. A. Leland McKeithen, Pinehurst, and W. D. Sabiston, Jr., Carthage, for Mattie A. McLeod Rice, Julia Bryan, Margaret Thomas, Alice Bryan Johnson, Joseph Bryan, McLeod Bryan, Julia M. Bryan Caviness, and Clyde A. McLeod.

J. Talbot Johnson, Aberdeen, and H. F. Seawell, Jr., Carthage, for W. A. Rosy, Alex Rosy and Mary Rosy Marks.

Spence & Boyette, Carthage, W. Frank Taylor, Goldsboro, and Joyner & Howison, Raleigh, for Wachovia Bank & Trust Co.

J. Vance Rowe, Southern Pines, guardian ad litem, "In Propria Persona", for unborn issue of Mattie A. McLeod Rice, the unborn issue of Margaret Thomas, the unborn issue of Julia Bryan, the unborn issue of W. A. Rosy, the unborn issue of children of Mattie A. McLeod Rice, the unborn issue of children of Margaret Thomas, the unborn issue of children of Julia Bryan, the unborn issue of children of W. A. Rosy; and the unborn issue of all such unborn persons.

Robert N. Page, III., Aberdeen, guardian ad litem, "In Properia Persona", for Benjamin Watson Thomas, Arthur Rice Thomas, Robert Alexander Thomas, Mary Martha Thomas, Joseph Rosy and Betty Rosy.


DENNY, Justice.

The only exception taken by the appellants was to the signing of the judgment. This exception presents the single question whether the facts found by the court are sufficient to support the judgment, or, to put it another way, whether the court correctly applied the law to the facts found. Roach v. Pritchett, 228 N.C. 747, 47 S.E.2d 20; Brown v. L. H. Bottoms Truck Lines, 227 N.C. 65, 40 S.E.2d 476; Swink v. Horn, 226 N.C. 713, 40 S.E.2d 353; Redwine...

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