Gibson v. . Williams

10 F. Cas. 336, 3 N.C. 281

Opinion

PER CURIAM.

So much of the lands, as the money secured by the mortgage was worth, shall be deemed to have been purchased by the heir, by payment of the debts of the ancestor; the surplus of the land shall be estimated at its worth at the time of sale in 1801. It must not be valued at its worth at the time of descent to the defendant, for the intermediate profits are a recompense for the expenses incident to holding the land, such as taxes and the like. Verdict and-judgment accordingly.