45 N.C. 91 | N.C. | 1852
We are of opinion, upon the authority of the case of Scull v.Jernigan,
The second and third exceptions must be overruled, to the extent at least of charging the defendant with the annual interest of the price of the land up to the time of the intestate's death. "The interest which accrued during the infant's life is personalty, as the profits of the land during that period would have been. But the capital and the interest thereon, since his death, belong to the heirs at law." Marsh v. Berrier,ubi supra.
The report must be reformed in the particulars herein stated, and it will then be confirmed. The costs must be paid out of the fund.
PER CURIAM. Decree accordingly.
Cited: Jones v. Edwards,