Macon v. Edinger

BRITT, Justice.

The Court of Appeals perceived that the question presented to it was whether the trial court erred in ruling that respondents offered no evidence of “mistake” within the meaning of G.S. § 46-19. This statute provides in pertinent part as follows:

If no exception to the report of commissioners is filed within 10 days, the same shall be confirmed. Any party after confir*277mation may impeach the proceedings and decrees for mistake, fraud or collusion by petition in the cause: ....

In their petition to set aside the report of commissioners, respondents allege three mistakes: (1) the…