Barbee v. . Cannady

The defendant’s first assignment of error is as follows : “The action of his Honor in permitting the present plaintiffs to be substituted as parties, after the trial had commenced and the jury had been selected.”

The action was instituted originally by Green Barbee to set aside a deed. Barbee died and his executor was then made a party plaintiff.

As far as can be ascertained from the record, the will of Green Barbee had no bearing on the land in controversy. In Harris v. Bryant, 83 N. C., p. 571, it is held the executor and not the heirs, represents the estate where land is directed by will to…