Miller v. Miller

CLARK, Judge.

The sole question raised by this appeal is whether the trial court erred in rendering summary judgment under G.S. 1A-1, Rule 56 for respondent.

The parties do not contend that the course error on the original 1939 division plat and carried forward in the 1942 division deeds was such that there was no effective partition between respondent and his brother. The course error was obviously an inadvertent one, which would not and did not result in misunderstanding as to the true boundaries of the lands partitioned. It has been long established that a mistake or apparent inconsistency…