JENKINS v. FOX

No. 8924SC803.

390 S.E.2d 683 (1990)

98 N.C. App. 224

Gladys J. JENKINS and husband, Elbert Lee Jenkins, Petitioners, v. Vernon FOX and wife, Donna Fox, and Randall Fox, Respondents.

Court of Appeals of North Carolina.

April 17, 1990.


Attorney(s) appearing for the Case

Hal G. Harrison, P.A., Spruce Pines, for petitioners-appellants.

Dennis L. Howell, Burnsville, for respondents-appellees.


ORR, Judge.

The sole issue on appeal is whether the evidence supported the trial court's findings of fact and conclusions of law. For the reasons set forth below, we reverse the trial court's order.

Under N.C.Gen.Stat. § 46-19 (1984), "If no exception to the report of the commissioners is filed within 10 days, the same shall be confirmed." The petitioners excepted to the report of the commissioners in a document filed on 1 August 1988, but stated no grounds...

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