Byrd v. Thompson

Defendants’ brief contains no argument and cites no authority relating to an error of law. It relates solely to their contention that the division made by the commissioners was unequal, adverse to them.

Whether the division was unequal or fair and equitable, was a question of fact determinable by Judge Gwyn. McMillan v. McMillan, 123 N.C. 577, 31 S.E. 729; Fisher v. Toxaway Co., 171 N.C. 547, 88 S.E. 887.

There are no exceptions to the findings of fact. Defendants’ sole exceptive assignment of error is to the signing of the judgment. Thus, the only question presented is whether the facts found…