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WILKINSON v. WEYERHAEUSER CORP.

No. 832SC106.

312 S.E.2d 531 (1984)

Pattie A. WILKINSON, John A. Wilkinson, Executor of the Estate of Pattie Wilkinson, Deceased, v. WEYERHAEUSER CORPORATION; E.A. Williams and wife, Lucy Farrow Williams; Juanita C. Gibbs, Divorced, J.T. Taylor and wife, Dora Taylor; Zachary Taylor; Gratz Spender and Dick Tunnell.

Court of Appeals of North Carolina.

March 6, 1984.

Attorney(s) appearing for the Case

Henderson & Baxter by David S. Henderson and Nelson W. Taylor, III, New Bern, for defendants-appellants.

Wilkinson & Vosburgh by James R. Vosburgh and Steven P. Rader, Washington, for plaintiffs-appellees.

ARNOLD, Judge.

Defendants first contend that the trial court erred in not certifying for trial by jury issues of fact arising out of the title examiner's report. This contention is based on the language of G.S. 43-11(c), which provides in part:

Any of the parties to the proceeding may, within 20 days after such report is filed, file exceptions, either to the conclusions of law or fact. Whereupon the clerk shall transmit the record to the judge of the superior...

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