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269 N.C. 759

153 S.E.2d 489

Cotton v. Cotton

Supreme Court of North Carolina

Decided March 29, 1967

Supreme Court of North Carolina · decided 1967-03-29

Cited by 6 later decisions — most recently August 2011

6 state decisions

Key passage — most relied on by later courts

“This type of hearing is different and is governed by rules of evidence different from those followed in jury trials. The Judge’s experience and learning enabled him to weigh and to evaluate the testimony and to disregard that which under strict rules would be inadmissible in a jury trial.”

quoted by 1 later decision, including 51 N.C. App. 103 - Harris v. Harris

Good law ✅— No negative treatment on recordhow we know

Decided 1967-03-29

View the full empirical analysis of this case →

PER Curiam.

¶1 The principal objections raised to the findings and conclusions entered by Judge Peel involve the admissibility of evidence. This type of hearing is different and is governed by rules of evidence different from those followed in jury trials. The Judge’s experience and learning enabled him to weigh and to evaluate the testimony and to disregard that which under strict rules would be inadmissible in a jury trial.

¶2 In this case the evidence of injury to some of the parties is amply sufficient to support Judge Peel’s findings and conclusions. For example, each of the Respondents would be entitled to a 1/18 interest in the tobacco allotment of 3.26 acres, 1/18 of 24 acres allotted to corn and 1/18 of 7 acres allotted to wheat. Lack of balance between wood, farm, and pasture has great weight in determining the value of farm lands. Large acreage and crop allotments enable the owner to purchase machinery and to devote time to crop production in proportion to the crop allotment, and the suitability of the soil for the production of crops not subject to allotment regulation.

¶3 The record fails to disclose any error of law. The judgment is

¶4 Affirmed.

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