Barkley v. . Thomas

In the record is the following: “A jury trial was waived and the entire matter submitted to the court to determine the rights of the parties.”

In Blackburn v. Woodmen of the World, 219 N. C., 602 (606), we find: “The court below, whom it was agreed could find the facts, found the facts contrary to defendant’s contentions. It was bound by the findings of fact by the court below to the same extent as if a jury had so found.”

We think, on the facts found by the court below, there being competent evidence to sustain them, that there is no error in the judgment. The property in controversy is real…