MACON v. EDINGER

No. 809SC359.

272 S.E.2d 411 (1980)

Joyce J. MACON and Grady S. Macon v. Helen R. EDINGER and Clyde C. Edinger.

Court of Appeals of North Carolina.

December 2, 1980.


Attorney(s) appearing for the Case

Harris & Harris by Jane P. Harris, Wake Forest, and I. Beverly Lake, Sr., Raleigh, for petitioners-appellees.

Norman L. Sloan, and Robert E. Monroe, Raleigh, for respondents-appellants.


CLARK, Judge.

The question presented by this appeal is whether the trial court erred in ruling that respondents have offered no evidence of "mistake" within the meaning of G.S. 46-19. This statute provides in part that "Any party after confirmation may impeach the proceedings and decrees for mistake, fraud or collusion by petition in the cause." The respondents do not claim fraud or collusion.

In their petition to set aside the report of commissioners the...

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