
    G. W. Laney and John W. Cox, administrators, and Jeremiah Lassets, et. al., heirs at law of Chappell Cox, deceased, plaintiffs in error, vs. Wm. B. Stewart and M. A. Stewart, his wife, formerly the widow of Chappell Cox deceased, defendants in error.
    The return of commissioners to lay off dower may he contested by the heirs at law. The Act of 1868 gives this privilege to all persons interested.
    Assignment of dower. In Webster Superior Court. Decision by Judge Clarke. September Term, 1866.
    William B. Stewart and M. A. Stewart, his wife, applied for dower in the lands of Chappell Cox, deceased, her former husband.
    The commissioners made their return, and defendants in * error moved to make it the judgment of the Court. The plaintiffs in error traversed the return. The defendants in error moved to strike the names of the heirs at law out of the traverse. The motion was sustained, and the plaintiffs excepted.
    J. L. Wimberly, and Blandeoed & Miller, for plaintiffs in error.
    H. K. McCay and Willis A. Hawkins, for defendants in error.
   Harris, J.

Upon the return of commissioners appointed to lay off and assign dower to Mrs. Stewart, formerly the widow of Chappell Cox, deceased, a traverse thereof, denying its fairness and that it was in accordance with law., was filed by the administrators of Chappell Cox and his heirs at law. When the case was called for trial, the applicants for dower moved to strike from the pleadings the names of the heirs at law as parties to the proceeding, denying their right to be heard in contesting the claim oí applicants. The Court below sustained the motion, and this decision constitutes the error assigned.

This case furnishes a striking illustration of a statute on this subject having been forgotten, or having escaped the attention of the counsel and of the Court; we mean the Act of 1863, which allows all persons interested to contest the returns of commissioners.

Let the judgment be reversed.  