Miller v. . Scott

This case was heard at last term, Miller v. Scott, 184 N. C., 556, upon an “agreed state of facts” wherein the will was construed and the facts are set out. This petition to rehear is not based upon averment of error in the opinion of the Court rendered upon the agreed statement of facts then appearing in the transcript of the record, but upon the allegation that material averments were inadvertently omitted in the agreed statement of facts. The petition to amend the original case as sent up by the addition of other facts is agreed to by" both' parties, and they ask judgment upon the facts,…