# Rice v. Rice

> Supreme Court of North Carolina · March 27, 1963 · 259 N.C. 171

URL: https://www.frixlaw.com/law-library/cases/6700786

## Case

- **Full name:** BULAH RICE and wife, ELIZABETH RICE v. EDNEY RICE and wife, FUSHIA RICE, and MARGARET RICE
- **Court:** Supreme Court of North Carolina
- **Decided:** March 27, 1963
- **Citations:** 259 N.C. 171; 130 S.E.2d 41; 1963 N.C. LEXIS 506
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6700786

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6700786. Public record. Not legal advice.