Ingram v. Home Mortgage Co.

Supreme Court of North Carolina
Ingram v. Home Mortgage Co., 208 N.C. 329 (N.C. 1935)
180 S.E. 594; 1935 N.C. LEXIS 402
Bkogden

Ingram v. Home Mortgage Co.

Opinion of the Court

BkogdeN, J.

The first exception is to the judgment itself. This judgment is regular upon its face, and the facts found by the trial judge are sufficient to support the decree. Consequently, the first exception must fail. Warren v. Bottling Co., 207 N. C., 313; Moreland v. Wamboldt, ante, 35.

The second exception is β€œto the finding and signing of the order of the findings of facts.” It is to be observed that the plaintiff requested no finding of facts, and there is no specific exception to any particular finding of fact. Obviously, some of the findings of fact are necessary and beyond question. The Court is not endowed with the gift of prophecy, and, therefore, is unable to determine which particular finding of fact is objectionable to; the plaintiff.

Hence, the second exception must likewise fail.

Affirmed.

Reference

Full Case Name
C. J. INGRAM and Wife, BERNICE INGRAM, and THE MECHANICS AND FARMERS BANK, a Corporation v. THE HOME MORTGAGE COMPANY, MORTGAGE SERVICE CORPORATION, and V. S. BRYANT, Substituted Trustee
Status
Published