MOORE v. SMITH

No. 7710SC203.

235 S.E.2d 102 (1977)

33 N.C. App. 275

Alonzo M. MOORE, Jr., Willa Gray Boyd, Mary Gray Kasten, Joyce Lastovica, Irma Rogers Hall, James Everett Rogers, Naomi Rogers Metzger, Howard J. Rogers, Herbert A. Rogers, Jr., Katherine Rogers Biggs, Benjamin R. Crigler, and Susan Crigler Smith v. Venie SMITH.

Court of Appeals of North Carolina.

June 1, 1977.


Attorney(s) appearing for the Case

Tharrington, Smith & Hargrove, by J. Harold Tharrington, Raleigh, for plaintiffs-appellees.

Rafford E. Jones, Raleigh, for defendant-appellant.


BRITT, Judge.

Although defendant excepted to several of the findings of fact, she has brought forward and argued only her exception to finding 22. That being true, all findings of fact except 22 are assumed to be correct and supported by the evidence. 1 Strong, N.C. Index 3d, Appeal and Error § 28.1. Rule 10, Rules of Appellate Procedure, 287 N.C. 671, 698 (1975).

In finding 22 the court found as a fact that defendant did not pay any actual money to Mrs...

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