Macon v. Edinger

CLARK, Judge.

The question presented by this appeal is whether the trial court erred in ruling that respondents have offered no evidence of “mistake” within the meaning G.S. 46-19. This statute provides in part that “Any party after confirmation may impeach the proceedings and decrees for mistake, fraud or collusion by petition in the cause.” The respondents do not claim fraud or collusion.

In their petition to set aside the report of commissioners the respondents allege three mistakes: (1) the failure of the commissioners to timely file their report (the order of 6 July 1978 required the…