McCAIN v. WOMBLE

No. 295.

144 S.E.2d 857 (1965)

265 N.C. 640

Nannie Sears McCAIN and husband, Dacus P. McCain, Jr. v. Betty Sears WOMBLE and husband, Bennie Womble, Earl O. Sears and wife, Elsie B. Sears, and Barbara Ann S. Berge and husband, Phil Berge.

Supreme Court of North Carolina.

November 24, 1965.


Attorney(s) appearing for the Case

Valentine & Valentine, Nashville, for Betty Sears Womble and husband, respondent appellants.

Fields & Cooper and Leon Henderson, Jr., Rocky Mount, for Nannie Sears McCain and husband, petitioner appellants.

Battle, Winslow, Merrell, Scott & Wiley, Rocky Mount, for respondents Sears, appellees.

Evans & Shannonhouse, Rocky Mount, for respondents Berge, appellees.


DENNY, Chief Justice.

This matter was heard by the court below without a jury, a jury having been expressly waived by counsel for all parties. The court heard the evidence and examined the proof offered by the respective parties, found the facts, and entered judgment as hereinabove set out.

Appellants' assignment of error No. 5 is based on an exception to finding of fact No. 10, which reads as follows:

"By their dealings with the lands devised in...

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