OVERBY v. OVERBY

No. 541.

158 S.E.2d 799 (1968)

272 N.C. 636

Robert C. OVERBY, Plaintiff, v. Lucille J. OVERBY, Defendant.

Supreme Court of North Carolina.

February 2, 1968.


Attorney(s) appearing for the Case

Watkins & Edmundson, by R. Gene Edmundson, Oxford, and Johnson, Johnson & Poole, by Samuel Poole, Aberdeen, for defendant appellant.

Seawell, Van Camp & Morgan, by James R. Van Camp, Carthage, and William J. Morgan, Carthage, for plaintiff appellee.


PARKER, Chief Justice.

There is no controversy as to the first three issues. The court did not submit an issue as to defendant's claim for the $1,800 allegedly paid by her on the mobile home and the record shows no exception to this determination. Defendant's assignments of error relate to the evidence and charge on the questions of abandonment and entitlement to the lots.

Appellant assigns as error the failure of the court to charge the jury that if the plaintiff...

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