Smith v. . Miller

This is a petition filed by C. H. Miller to rehear the former decision and judgment of this Court. The petitioner complains that the Court did not pass upon his exceptions to the rulings of Judge Peebles in the court below, which were adverse to him and related to certain allowances which he claims should be paid to him out of the fund as a prior lien thereon.

The only question intended to be decided by us at the last term (151 N. C., 620) was as to the power of the court to order an investment of the proceeds of sale before any sale of the property had been made, and before it could be…