Smith v. . Miller

HOKE, J., concurring in result; MANNING, J., did not sit. The facts are stated in the opinion of the Court. This action was brought, under sec. 1590 of the Revisal of 1905, for the purpose of selling certain land or lots, situated in the town of Asheville, and reinvesting the proceeds of sale in the improvement of other property belonging to the parties interested. The court below found the following facts, substantially:

1. In 1856, James M. Smith died, seized and possessed of two tracts of land, situated in the town of Asheville and fully described in the pleadings. He left a last will and…