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SPRINKLE v. SPRINKLE

No. 17.

86 S.E.2d 422 (1955)

241 N.C. 713

J. T. SPRINKLE and wife, Lula Sprinkle; Mrs. Minnie V. Pettigrew (widow); B. F. Sprinkle (unmarried); R. L. Sprinkle and wife, Lillian Sprinkle, Philip E. Sprinkle and wife, Margaret Sprinkle; Mrs. Juanita Kimsey (widow); Reginald F. Sprinkle and wife, Annie Young Sprinkle, v. H. L. SPRINKLE and wife, Olie Sprinkle, and H. C. Sprinkle and wife, Sibil Sprinkle; Philip E. Sprinkle and Benjamin F. Sprinkle, Executors of the Estate of Ida A. Sprinkle, deceased.

Supreme Court of North Carolina.

March 23, 1955.

Attorney(s) appearing for the Case

P. T. Stiers, Reidsville, for plaintiffs-appellees.

Rufus W. Reynolds, Greensboro, for defendant-appellant.

WINBORNE, Justice.

Decisions of this Court hold that when a Judge of Superior Court hears a motion to set aside a judgment for mistake, surprise or excusable neglect, G.S. § 1-220, it is his duty, upon request so to do, to find the facts not only in respect to the grounds on which the motion is made, but as to meritorious defense. Failure to do so is error. Holcomb v. Holcomb, 192 N.C. 504, 135 S.E. 287; McLeod v. Gooch,

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