BOMER v. CAMPBELL

No. 8330SC892.

318 S.E.2d 841 (1984)

Dixie Ann BOMER v. Timothy Robert CAMPBELL.

Court of Appeals of North Carolina.

August 21, 1984.


Attorney(s) appearing for the Case

Hunter, Large & Kirby, by Gary E. Kirby, Sylva, for petitioner appellee.

Jones, Key, Melvin & Patton, by Richard Melvin, Highlands, for respondent appellant.


PHILLIPS, Judge.

Respondent's first contention is that the court erred in ordering that the property be sold rather than divided in kind. This contention is overruled. The trial court's conclusion that an actual division of the property cannot be made without injury to one or both of the co-tenants is abundantly supported by the findings made, which in turn are supported by competent evidence. Thus, the order of sale is authorized under the provisions of G.S. 46-22...

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