Supreme Court of North Carolina December 5, 1851 (Branson v. . Fentress)

Peakson, J.

The question presented in this case, arises under the act, ch. 31, sec. 86, Rev. Stat., as in the case of

McGibboney

v

Mills,

Ex’r, deceased, at this Term. For the reasons set forth in the opinion in that case, it is decided that the application came within the statute, and the defendant was entitled

to the

order he asked.