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172 N.C. 498

90 S.E 517

Miller v. . Latta

Supreme Court of North Carolina

Decided November 15, 1916

Supreme Court of North Carolina · decided 1916-11-15

Civil actioN tried before Webb, J., at June Term, 1916, of Rock-INGHAM. This is an action to restrain a sale under a certain trust deed executed by the plaintiffs to the defendants, and for an accounting.

Cited by 1 later decisions — most recently December 1914

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1916-11-15

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AlleN, J.

¶1 The judgment appealed from shows that the judge of the Superior Court had the benefit of argument and that he carefully considered the evidence taken by the referee, and when this course is pursued his findings of fact are conclusive upon us, in the absence of an exception that there is no evidence to support the finding, and we find no such exception. Wynn v. Bullock, 154 N. C., 882; Culver v. Jennings, 157 N. C., 565.

¶2 We have, however, examined the record and are of opinion there is evidence to sustain the finding as to the order of $860, and to support the contention of the plaintiffs that the order of 21 July, 1911, for $854.84 was not given in substitution for the first order.

¶3 Affirmed.

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