39 S.E. 779 | N.C. | 1901
In 1889 dower was regularly allotted to Delia J. Hybart in an ex parte petition by her and her heirs-at-law. The report of the commissioners allotted her the farm of her husband for life in severalty, and to make up her third further charged upon the realty allotted to the heirs-at-law the payment of all taxes on the entire estate and the payment by the heirs to the window of $5.00 per month out of the rents of the realty allotted to them.
For a while these payments were made, but, having fallen into arrearage of eleven months, this is a motion in the cause to subject the realty in hands of the heirs to the payment of the $55.00 overdue.
The remedy sought could not be had before the Clerk. Nor could it be had by a motion in the cause, that cause having been terminated by a final judgment confirming the *131
allotment of dower. Causey v. Snow,
It is true a motion in the cause may sometimes be treated as an independent action — Stradley v. King,
No error.