DAVIS v. GRIFFIN

No. 97.

103 S.E.2d 728 (1958)

248 N.C. 539

Robert L. DAVIS, III, and wife, Annie S. Davis, Margaret Davis Allen and husband, W. A. Allen, and Janie Davis Griffin, unmarried, v. Francis Millard GRIFFIN, W. A. Allen III, and Frances Marion Allen, Minors, and the unborn next of blood kin of Robert L. Davis III, the unborn next of blood kin of Margaret Davis Allen, and the unborn next of blood kin of Janie Davis Griffin, appearing here by their Guardian ad litem, Sam B. Underwood, Jr.

Supreme Court of North Carolina.

June 4, 1958.


Attorney(s) appearing for the Case

Lewis & Rouse, Farmville, for plaintiff-appellees.

Underwood & Everett, Greenville, for defendant-appellants.


WINBORNE, Chief Justice.

The order of partition signed by the Clerk appears to have been based upon the record of appointment of guardian ad litem, and pleadings.

There are no findings of fact.

Hence, it is appropriate to analyze the record and pleadings to ascertain if they are sufficiently definite and accurate to justify the conclusion reached by the Clerk. They do not appear to be.

In the caption of the petition Robert L. Davis III and...

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