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BRIDGERS v. BRIDGERS

No. 826SC769.

303 S.E.2d 342 (1983)

Gene B. BRIDGERS: June B. Warren et vir, G. Winston Warren: Anne B. Howell, et vir, C. Wayne Howell: Walter M. Bridgers: and Beatrice Bridgers v. Dewey W. BRIDGERS et ux, Frances L. Bridgers.

Court of Appeals of North Carolina.

June 7, 1983.

Attorney(s) appearing for the Case

Revelle, Burleson, Lee & Revelle by L. Frank Burleson, Jr., Murfreesboro, for petitioners, appellants.

Allsbrook, Benton, Knott, Cranford & Whitaker by L. McNeil Chestnut, Roanoke Rapids, for respondents, appellees.

HEDRICK, Judge.

The petitioners argue the trial judge abused his discretion by holding that the property should be partitioned and by failing to follow this court's opinion in Bridgers v. Bridgers, 56 N.C. App. 617, 289 S.E.2d 921 (1982). In the first appeal, this court held that under N.C.Gen.Stat. Sec. 46-25 there could be an actual sale of the timber on both tracts, but that the trial judge had discretion as to whether...

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