TRAVIS v. JOHNSTON

No. 170.

95 S.E.2d 94 (1956)

244 N.C. 713

E. L. TRAVIS, Sr. v. Ben H. JOHNSTON, Mrs. Alla Johnston, M. R. Johnston, Sallie J. MacIntosh and Alvin J. Dickens, the last two names being minors under twenty-one years old and without general or testamentary guardian, and all children who may hereafter be born in wedlock of Ben H. Johnston or Sallie J. MacIntosh and Robert L. Johnson, Guardian ad litem of Mercer L. MacIntosh and Alvin J. Dickens.

Supreme Court of North Carolina.

November 7, 1956.


Attorney(s) appearing for the Case

A. A. McDonald, Bryant, Lipton, Strayhorn & Bryant, and Robert I. Lipton, Durham, for movant-appellant.

W. Bernard Allsbrook, Roanoke Rapids, and Dickens & Dickens, Scotland Neck, for Lucius King and James Willis King.

Dickens & Dickens, Scotland Neck, for Robert L. Johnson, guardian ad litem of Mercer L. McIntosh and Alvin J. Dickens, W. O. McGibony, trustee, and Federal Land Bank of Columbia, S. C.


RODMAN, Justice.

Movant's exceptions are set forth in the appeal entries noted on the judgment. They are stated thus:

"The petitioner-movent further objects to the findings of fact set forth for the reasons that said findings of fact are contrary to and not supported by the evidence in the case.

"The petitioner-movent further objects and excepts to the failure of the Honorable J. Will Pless, Jr. to enter the judgment heretofore tendered by the petitioner...

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