NEWBERN v. BARNES

No. 681SC402.

165 S.E.2d 526 (1969)

3 N.C. App. 521

Margaret W. (O.) NEWBERN, Thomas Wilson Sanders, Harold Cartwright, Daniel Cartwright and Kizzie Lee v. Seaton E. BARNES and wife, Alice Snell Barnes, Dominico S. Mairorana and wife, Ronome B. Mairorana.

Court of Appeals of North Carolina.

February 5, 1969.


Attorney(s) appearing for the Case

Frank B. Aycock, Jr., and Gerald F. White, Elizabeth City, for plaintiff appellees.

Hall & Hall, by John H. Hall, Elizabeth City, for defendant appellants.


BROCK, Judge.

Defendants assign as error finding of fact number 4, all of the conclusions of law, and the entry of the judgment. Although labeled as a finding of fact, finding number 4 is a conclusion of law which in effect is the same as conclusion of law number 1; therefore, we consider assignment of error number 1 as though made to conclusion of law number 1.

An assignment of error to a conclusion of law presents for review the question of whether the facts...

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