Spitzer v. Lewark

129 S.E.2d 620 (1963)

259 N.C. 49

Gilbert SPITZER and wife, Barbara O'Neal Spitzer

v.

Claude H. LEWARK and wife, Margaret Blades Spitzer Lewark.

No. 19.

Supreme Court of North Carolina.

March 6, 1963.

Russell E. Twiford and Gerald F. White of Aydlett & White, Elizabeth City, for respondent appellants.

No counsel for petitioners.

PARKER, Justice.

Respondents assign as error Judge Bundy's second finding of fact on the ground that there is no competent evidence in the record to support it. This assignment of error is overruled.

The second finding of fact finds support in the joint affidavit of Lindsey and…