Young v. Young

Supreme Court of North Carolina

Young v. Young

63 S.E.2d 535, 233 N.C. 247, 1951 N.C. LEXIS 568

DecidedFebruary 28, 1951

StatusPublished

This text of 63 S.E.2d 535 (Young v. Young) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Young v. Young, 63 S.E.2d 535, 233 N.C. 247, 1951 N.C. LEXIS 568 (N.C. 1951).

Pincite

Opinion

DevtN, J.

It is apparent that the parties hereto, their counsel and the Judges who successively heard this matter had in mind an amicable adjustment and division of the real property which had belonged to the dissolved partnership. However, the parties are not now in accord, and the question whether the proposal and acceptance appearing in the record constituted a valid and enforceable agreement with respect to described real property is presented to this Court for decision. Upon the record [251]*251before us we are of opinion tbat the question should be answered in the affirmative, and that the judgment of Judge Rousseau should be upheld. Hall v. Misenheimer, 137 N.C. 183, 49 S.E. 104.

The judgment appealed from appears to have been based upon the record and the facts set out in plaintiffs’ verified petition to which no answer or counter-affidavit was interposed. The facts stated in plaintiffs’ petition the court found to be true, and the court also took into consideration admissions made by counsel for defendants in open court at the hearing. Coker v. Coker, 224 N.C. 450, 31 S.E. 2d 364; Gardiner v. May, 172 N.C. 192, 89 S.E. 955. Hence, the only question posed for us on this record is whether the uncontradicted evidence presented was sufficient to support the judgment. We think it was, and that the judgment should be affirmed. It is so ordered.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

DevtN, J.

It is apparent that the parties hereto, their counsel and the Judges who successively heard this matter had in mind an amicable adjustment and division of the real property which had belonged to the dissolved partnership. However, the parties are not now in accord, and the question whether the proposal and acceptance appearing in the record constituted a valid and enforceable agreement with respect to described real property is presented to this Court for decision. Upon the record [251]*251before us we are of opinion tbat the question should be answered in the affirmative, and that the judgment of Judge Rousseau should be upheld. Hall v. Misenheimer, 137 N.C. 183, 49 S.E. 104.

The judgment appealed from appears to have been based upon the record and the facts set out in plaintiffs’ verified petition to which no answer or counter-affidavit was interposed. The facts stated in plaintiffs’ petition the court found to be true, and the court also took into consideration admissions made by counsel for defendants in open court at the hearing. Coker v. Coker, 224 N.C. 450, 31 S.E. 2d 364; Gardiner v. May, 172 N.C. 192, 89 S.E. 955. Hence, the only question posed for us on this record is whether the uncontradicted evidence presented was sufficient to support the judgment. We think it was, and that the judgment should be affirmed. It is so ordered.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

63 S.E.2d 535, 233 N.C. 247, 1951 N.C. LEXIS 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-young-nc-1951.

Opinion

Related

Cite This Page — Counsel Stack