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HARRIS v. ASHLEY

No. 7723SC890.

248 S.E.2d 393 (1978)

38 N.C. App. 494

Opal A. HARRIS and husband, Fred J. Harris, Frances A. Somers and husband Dwight N. Somers, R. Douglas Ashley and wife, Ferne S. Ashley, Millard F. Ashley and wife, Mary J. Ashley, Carolyn A. Dezern and husband, Robert L. Dezern v. James E. ASHLEY and wife, Maybelle Ashley.

Court of Appeals of North Carolina.

November 7, 1978.

Attorney(s) appearing for the Case

Max F. Ferree, P. A. by George G. Cunningham, William C. Gray, Jr., and Russell F. Ferree, Wilkesboro, for petitioners-appellants.

Vannoy, Moore & Colvard by J. Gary Vannoy, North Wilkesboro, for respondents-appellants.

ARNOLD, Judge.

Petitioners contend that the trial court erred in failing to make findings of fact as to what interests petitioners and respondents own in the land. The court found as fact

4. That there is a genuine issue as to what interest the petitioners and the respondents own in said land.

and then ordered a partition sale and

3. That the Commissioners distribute the proceeds from said sale after paying expenses of said sale and satisfying...

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