Davis v. Hall
Davis v. Hall
Opinion of the Court
This is an action to establish the boundary line between lands owned by the parties. In their pleadings both parties described the dividing line as they contend it is but neither asked for a jury trial. Eventually the court appointed a surveyor to survey the line according to the different contentions of the parties and after the survey was done the court ordered that the single
The findings of fact of a referee approved by the trial judge must be sustained on appeal if they are supported by any competent evidence. Anderson v. McRae, 211 N.C. 197, 189 S.E. 639 (1937); Cummings v. Swepson, 124 N.C. 579, 32 S.E. 966 (1899). In appeals of this kind we do not weigh the evidence and determine whether the findings of fact are correct, as weighing evidence is the duty and function of the finder; our duty is merely to determine if the record contains competent evidence to support the finder’s findings. Kenney v. Balsam Hotel Co., 194 N.C. 44, 138 S.E. 349 (1927). Here, the record does contain competent evidence which supports the judge’s findings and we affirm the judgment appealed from. Indeed, plaintiffs do not really argue in their brief that the findings are not so supported. Of the several exceptions taken to the court’s findings only one is based upon insufficiency of evidence and the brief contains no argument that that or any other finding is not supported by some competent evidence. Instead, plaintiffs argue that there were discrepancies in the deed descriptions relied upon by the referee and judge and that the testimony of the court-appointed surveyor indicates that he was confused and his testimony should not be relied upon. These argu
The plaintiffs also assign as error the court’s refusal to appoint another surveyor and remand the matter to the referee for further hearings. This ruling is not erroneous and we affirm it. Without reciting all the melancholy details that led to the present day, we note that this is a relatively simple, one issue case that should have been ended long ago. It was filed more than sixteen years ago and though nearly half of that period went by before the reference was ordered, the case’s course thereafter almost proves the truth of the old courthouse saw that the best, though not the quickest, way to kill a live lawsuit is to refer it. For after the referee was appointed another three and one-half years went by before any hearing was held, and after the referee’s report was eventually filed a like period expired before a hearing on plaintiffs’ exceptions was had. Though most of this appalling delay is not attributable to the plaintiffs — the dilatoriness of the defendants, the surveyor, and the referee all contributed to it, and a small part was due to illness, conflicting schedules and other unavoidable causes — the record nevertheless leaves no room for doubt that the case was not persistently prosecuted by the plaintiffs and that during the long period that passed before the referee’s hearings were concluded they had ample opportunity to gather and present any evidence they chose, and that no good reason now exists for postponing the demise of this aged case to a later time.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.