Bomer v. Campbell

PHILLIPS, Judge.

Respondent’s first contention is that the court erred in ordering that the property be sold rather than divided in kind. This contention is overruled. The trial court’s conclusion that an actual division of the property cannot be made without injury to one or both of the co-tenants is abundantly supported by the findings made, which in turn are supported by competent evidence. Thus, the order of sale is authorized under the provisions of G.S. 46-22, and is binding upon us. Williams v. Pilot Life Insurance Co., 288 N.C. 338, 218 S.E. 2d 368 (1975). Indeed, the size and nature…