West v. West, 178
| Decision Date | 10 October 1962 |
| Docket Number | No. 178,178 |
| Citation | 127 S.E.2d 531,257 N.C. 760 |
| Court | North Carolina Supreme Court |
| Parties | Ennis WEST v. Addie WEST and wife, Willie Jones West; Mamie West Johnson and husband, H. P. Johnson; Beulah West Wilson and husband, O. T. Wilson; Alton West and wife, Wilma West; Dollie Mae Lee and husband, B. F. Lee; Frank West and wife,--------; Iskey West Hargrove, E. A. West and G. A. West, widow of A. B. West, Deceased. |
David J. Turlington, Jr., Clinton, for plaintiff and defendants E. A. West, Alton West, Addie West and Frank West, appellants.
Woodrow H. Peterson, Clinton, for defendants other than E. A. West, Alton West, Addie West and Frank West, appellees.
The question involved on this appeal is stated identically in the brief of both the appellants and the appellees: 'Did his Honor err in concluding and adjudging that the partition which had been made among the various tenants in common was just and fair and subsequently ruling and adjudging that the Report of Commissioners be confirmed?'
Where an actual partition of lands has been ordered, whether the division made by the commissioners was fair and equitable or unequal in value is a question of fact to be determined by the Judge of the Superior Court upon an appeal from a judgment of the clerk affirming the report of commissioners. Byrd v. Thompson, 243 N.C. 271, 90 S.E.2d 394. The findings of the judge are conclusive and binding if there is any evidence in the record to support them. McMillan v. McMillan, 123 N.C. 577, 31 S.E. 729. The evidence before Judge Bone, while conflicting, was sufficient to sustain his findings.
In their brief the appellants contend that the consent judgment of March 26, 1952 was void as to Alton West for lack of consent. This question is not raised by any assignment of error and is precluded by the stipulation of July 6, 1962. ' Moore v. Humphrey, 247 N.C. 423, 101 S.E.2d 460.
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...supra. The findings of the judge are conclusive and binding if there is any evidence in the record to support them. West v. West, 257 N.C. 760, 127 S.E.2d 531. The judge has reasonable discretion in making the determination, and his decision will not be disturbed in the absence of some erro......
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...superior court judge upon an appeal from a judgment of the clerk of court confirming the commissioners' report. West v. West, 257 N.C. 760, 762, 127 S.E.2d 531, 532 (1962). "The findings of the judge are conclusive and binding if there is any evidence in the record to support them." Id. Sin......
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...that question, at least inferentially. If the findings are supported by evidence, they are conclusive and binding. West v. West, 257 N.C. 760, 127 S.E.2d 531 (1962). Though we choose to discuss them, we note that respondents' assignments of error are neither in the form nor contain the subs......