Wilcox's Executors v. M'Lain's Executors

A petition is the proper course, and it has been the practice in some instances to proceed by petition. I remember a case occurred at FAYETTEVILLE some time ago where an eminent counsel was concerned, who advised that course, and it was pursued.

Motion refused.

NOTE. — See, upon the second point, Wilcox v. Wilkerson, post, 221, S. c., 5 N.C. 11; Ricks v. Williams, 16 N.C. 3.

Cited: Edney v. Edney, 81 N.C. 3.