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108 N.C. 262

13 S.E 15

Graves v. Hines

Supreme Court of North Carolina

Decided February 15, 1891

Supreme Court of North Carolina · decided 1891-02-15

This is a special proceeding, instituted by the plaintiff for license to sell lands of his intestate to pay debts, and heard at Fall Term, 1889, of Surry Superior Court, Gil-mer, J, presiding.

Decided 1891-02-15

Per Guriam:

¶1The very point in this case was passed upon in Watts v. Leggett, 66 N. C., 197, and decided adversely to the claims of the defendants. The view there taken by the Court has been long regarded as the settled law of this State, and has been frequently approved in subsequent decisions, notably, in McAfee v. Bettis, 72 N. C., 28, and Gregory v. Ellis, 86 N. C., 579. In the latter case, the opinion in Watts v. Leggettis quoted at some length by Ashe, J., and entirely approved by the Court as to the particular point now in question. We have been much impressed with the able argument of the counsel for the defendants, but are of the opinion that it is better to adhere to the previous rulings of the Court, that there*is nothing which imperatively demands their reversal.

¶2Affirmed.

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