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BYRD v. THOMPSON

No. 673.

90 S.E.2d 394 (1955)

243 N.C. 271

D. A. BYRD and Wife, Vera W. Byrd, v. M. B. THOMPSON, Sr. and Wife, Delacy Thompson.

Supreme Court of North Carolina.

December 14, 1955.

Attorney(s) appearing for the Case

D. Emerson Scarborough, Yanceyville, for plaintiffs, appellees.

W. D. Barrett, Graham, for defendants, appellants.

BOBBITT, Justice.

Defendants' brief contains no argument and cites no authority relating to an error of law. It relates solely to their contention that the division made by the commissioners was unequal, adverse to them.

Whether the division was unequal or fair and equitable, was a question of fact determinable by Judge Gwyn. McMillan v. McMillan, 123 N.C. 577, 31 S.E. 729; Fisher v. Toxaway Co., 171 N.C. 547, 88 S.E. 887.

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