Wilkinson v. Weyerhaeuser Corp.

ARNOLD, Judge.

Defendants first contend that the trial court erred in not certifying for trial by jury issues of fact arising out of the title examiner’s report. This contention is based on the language of G.S. 43-ll(e), which provides in part:

Any of the parties to the proceeding may, within 20 days after such report is filed, file exceptions, either to the conclusions of law or fact. Whereupon the clerk shall transmit the record to the judge of the superior court for his determination thereof; such judge may on his own motion certify any issue of fact arising upon any such exceptions to the…