McCain v. Womble

This matter was heard by the court below without a jury, a jury having been expressly waived by counsel for all parties. The court heard the evidence and examined the proof offered by the respective parties, found the facts, and entered judgment as herein-above set out.

Appellants’ assignment of error No. 5 is based on an exception to finding of fact No. 10, which reads as follows:

“By their dealings with the lands devised in the residuary clause of Isaac Womble’s Will (including the exchange of deeds in 1934 described in paragraph 6 of the petition) the heirs of Isaac Womble, including the…