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MURPHY v. SMITH

No. 310.

70 S.E.2d 697 (1952)

235 N.C. 455

MURPHY et al. v. SMITH et ux.

Supreme Court of North Carolina.

April 30, 1952.

Attorney(s) appearing for the Case

Sam O. Worthington, Greenville, R. A. Nunn, New Bern, for petitioners appellants.

H. P. Whitehurst, W. B. R. Guion, and G. B. Riddle, Jr., all of New Bern, for respondents appellees.

WINBORNE, Justice.

After careful consideration of the several assignments of error presented by appellants, the petitioners, on this appeal, error is not made to appear.

The first seven assignments of error are based upon exceptions to the failure of the referee to find certain facts. Such failure is not ground for exception. Hence they are untenable. The failure to find certain facts might be ground for a motion to recommit the report with instructions to...

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