Legal Opinion

Cotton Mills v. . Cotton Mills

Supreme Court of North Carolina

Decided September 5, 1894Published

Civil action, tried before Battle, J., at Spring Term, 1894, of Randolph Superior Court, upon exceptions to the report of P. D. Walker, referee. From the judgment of his Honor upon divers exceptions to the report, both the plaintiff and defendants appealed. The facts necessary to an understanding of the opinion, in each appeal, are sufficiently stated therein.

1Opinion

The first and second exceptions of defendant are to findings of fact. This was a consent reference. This Court will not review such findings except upon the ground, taken in apt time, that there is no testimony to support them. Battle v. Mayo, 102 N.C. 413. We have examined the testimony sent up, and are of the opinion that there is some evidence to support the findings.

The third, fourth, fifth, sixth and seventh exceptions relate to the validity of the deed of trust and to estoppels arising from the conduct of the attorney of The Wilson Cotton Mills in connection therewith. Notwithstanding…

2Cases cited15 opinions

  1. Battle v. MayoSupreme Court of North Carolina · 1889
  2. Belvin v. Raleigh Paper Co.Supreme Court of North Carolina · 1898
  3. Smathers v. Bank.Supreme Court of North Carolina · 1904
  4. Grantham v. . KennedySupreme Court of North Carolina · 1884
  5. Battery Park Bank v. Western Carolina BankSupreme Court of North Carolina · 1900

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