Clifton v. Fesperman

ARNOLD, Judge.

Plaintiffs contend that the trial judge misinterpreted the law in granting defendants’ motion for summary judgment. While the trial judge inadvisedly made extensive findings of fact and conclusions of law in ruling on defendants’ motion, they are disregarded on appeal. W. Shuford, N.C. Civil Practice and Prodedure § 56.6 (1980 Supp.); see, Lee v. King, 23 N.C. App. 640, 209 S.E.2d 831, cert. denied, 286 N.C. 336, 211 S.E. 2d 213 (1974).

We find that the trial j udge properly granted summary j udgment for defendants. In North Carolina, use of a way over another’s land is *181presumed…