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1 N.C. 716

Wood v. . Marsh

Court of King's Bench

Decided July 5, 1793

Court of King's Bench · decided 1793-07-05

Decided 1793-07-05

¶1An avowry is in lieu of an action; therefore, he ought to show the letters testamentary.

¶2The last exception was, that she avows for rent due to her and her husband, without showing when he died.

¶3And this was also overruled. And a peremptory day was given. Antea, p. 640; postea, p. 783; Poph., 163; Bendl., 159. *717

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