Edney v. . Matthews

As was said in Fisher v. Trust Co., 138 N. C., 90, 50 S. E., 592, the proceedings herein have been “somewhat- eccentric and irregular.” A special proceeding before the clerk, instituted by the personal representative of a decedent to sell land to make assets, is, by consent, converted into an administration suit and heard by the judge. C. S., 135. Rigsbee v. Brogden, 209 N. C., 510, 184 S. E., 24. If the parties are content to proceed in this way, perhaps the court ought not to object sua sponie. Its jurisdiction is not questioned. Tillett v. Aydlett, 93 N. C., 15.

There is objection, however,…