Den on Demise of Gibbs v. Brooks , 46 N.C. 448 ( 1854 )

Battle, J.

The amendment in this case was allowed after the sale under a venditioni exponas, and the County Court had no power to make it, as was expressly dec'dod by this Court at the last Term, at Morganton, in the case of Phillipse v. Higdon, Busb. Rep. 380. The judgment of non-smt was proper, and must be affirmed.

Per Cuejam. Judgment affirmed.