Gibbs v. Gibbs

BECTON, Judge.

Plaintiffs made eighteen (18) assignments of error and raise two arguments on appeal. We affirm the judgment below.

By assignments of error one and three, Fitzgerald and Ira Gibbs argue that the trial court erred by failing to continue the hearing of the case when their vital witness was unable to attend the trial. This witness, Delma Gibbs Alligood, was to testify that defendant verbally promised Fitzgerald Gibbs a life estate in the property.

It is textbook law that a motion for continuance is addressed to the sound discretion of the trial court. Shankle v. Shankle, 289 N.C.…