121 N.C. 255
28 S.E 410
Supreme Court of North Carolina
Decided September 5, 1897
Supreme Court of North Carolina · decided 1897-09-05
Special PROCEEDING begun before the Clerk of the Superior Court of Yadkin County by petition for the sale of land of Elizabeth Lynch, deceased, for assets to pay a judgment which plaintiffs had recovered in 1888 against the administrator of intestate, heard before Starbuch, X, at Spring Term, 1897, of Yadkin Superior Court.
Cited by 1 later decisions — most recently March 1899
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1897-09-05
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¶1 In this case Justice Lurches did not sit, and the Court is evenly divided. The practice of appellate Courts in such cases is that the judgment below stands, not as a precedent, but as the decision in the case. Durham v. Railroad, 113 N. C., 240, and authorities there cited.
¶2 Affirmed.