THOMAS v. THOMAS

No. 530.

130 S.E.2d 871 (1963)

259 N.C. 461

Eloise Lamm THOMAS v. Frank H. THOMAS.

Supreme Court of North Carolina.

May 22, 1963.


Attorney(s) appearing for the Case

Neill McK. Ross, Lillington, for plaintiff-appellant.

Charles R. Williams and Robert B. Morgan, Lillington, for defendant-appellee.


PARKER, Justice.

Plaintiff assigns as error the following, which Judge Morris in his order calls a finding of fact, but which is in fact a mixed finding of fact and a conclusion: Plaintiff, having admitted in open court that she has lived in adultery with another man, and is the mother of a child other than by her husband, is an unfit person to have the custody and care of the two children born of the marriage between the parties.

Plaintiff contends there...

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