(DOWNLOAD) "Hill v. Town of Hillsborough" by Court of Appeals of North Carolina No. 8015SC114 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Hill v. Town of Hillsborough
- Author : Court of Appeals of North Carolina No. 8015SC114
- Release Date : January 02, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Defendant's main arguments are that the plaintiffs' evidence failed to establish the true boundary line between the property of the parties and that upon the evidence, plaintiffs were estopped to complain of the location of defendant's road and utility lines. it is settled law that where the case is tried by the judge without a jury, the court's findings of fact have the force and effect of a jury verdict and are conclusive on appeal if there is competent evidence to support them, even though the evidence might sustain findings to the contrary. Henderson County v. Osteen, 297 N.C. 113, 254 S.E.2d 160 (1979); Williams v. Insurance Co., 288 N.C. 338, 218 S.E.2d 368 (1975). From the evidence it is clear that plaintiffs' surveyors established plaintiffs' property lines by physical survey, and that their survey tends to show the location of defendant's road and utility lines on plaintiffs' property. There was accordingly sufficient competent evidence to support the trial court's operative findings of fact fixing the location of defendant's road and utility lines on plaintiffs' property.
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