Bell v. . King

The case was referred, and the report of the referee excepted to by the defendant. His Honor, on the trial below, sustaining the exception, the plaintiffs appealed.

The facts of the case, with the exceptions to the report and the opinion of the Judge below, are fully stated in the opinion of the Court. This was an action for the recovery of a legacy, made returnable to the regular Spring Term, 1870, of the Superior Court for Macon County, and removed by consent of parties at Fall Term, 1871, to the county of Buncombe.

The first question for our consideration is one of jurisdiction.

"The Clerks…