Opinion

Rice v. Rice

  • 259 N.C. 171
  • 130 S.E.2d 41
  • 1963 N.C. LEXIS 506
Court
Supreme Court of North Carolina
Filed
Mar 27, 1963
Status
Published
Cited by
1 cases
Authority
More cited than 47.1%

The opinion

Per Curiam.

The appellants undertake to set out five assignments of error based on a like number of exceptions. However, the exceptions appear nowhere in the record except under the purported assignments of error. Such exceptions are feckless and will not be considered on appeal. Holden v. Holden, 245 N.C. 1 , 95 S.E. 2d 118 .

Furthermore, if exceptions to the failure of the court to nonsuit the plaintiffs at the close of plaintiffs’ evidence and renewed at the close of all the evidence, had been properly entered and assigned, they would have been without merit.

This Court has repeatedly held that when it is made to appear that there is a bona fide dispute between landowners as to the true location of the boundary line between adjoining tracts of land, the cause may not be dismissed as in case of nonsuit. Cornelison v. Hammond, 225 N.C. 535 , 35 S.E. 2d 633 ; Plemmons v. Cutshall, 230 N.C. 595 , 55 S.E. 2d 74 ; Brown v. Hodges, 230 N.C. 746 , 55 S.E. 2d 498 ; Welborn v. Lumber Co., 238 N.C. 238 , 77 S.E. 2d 612 .

In the trial 'below, we find

No error

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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