Nunn v. Gibbons

The sole assignment of error on this appeal is based upon exception by respondents to the ruling of the trial court in allowing motion of petitioners, made at the close of respondents’ evidence, for judgment as of nonsuit.

Considering the pleadings, shown in the record on this appeal, stripped of extraneous matter appropriate in a special proceeding to sell real estate for partition among tenants in common, G.S. 46-1, et seq, it is seen that this is a proceeding instituted 'by the administrator of the estate of Yerlian Nunn, deceased, to sell certain real estate owned by her to make assets to…