Stokes-Grimes Grocery Co. v. Hill, 176 N.C. 697 (1918)

Dec. 4, 1918 · Supreme Court of North Carolina

176 N.C. 697

STOKES-GRIMES GROCERY COMPANY v. JAMES M. HILL, Trustee of S. A. HAUSER et al.

(Filed 4 December, 1918.)

Appeal and Error — Modification of Judgment by Consent — Case Remanded— Costs.

Wliere the parties have agreed to a modification of the judgment appealed from, the cause will be remanded to,the Superior Court to be proceeded with accordingly, taxing the cost of appeal upon them equally.

Appeal by defendant from Harding, J., at April Term, 1917, of SuRRY.

Tbis is an action for a settlement of tbe estate of S. A. Hauser, in tbe bands of J. M. Hill, trustee, and to compel tbe said trustee to sell certain lands conveyed to bim by deed of assignment.

Judgment was entered in favor of tbe plaintiff, and tbe defendants appealed.

Garter & Carter and T. W. Kallam for appellees.

W. L. Reece, J. H. Folger, and J. 8. Manning for appellants.

Per OueiaM.

When tbis appeal, came on for bearing, it was agreed between tbe plaintiff and defendants, through their respective counsel, that tbe judgment appealed from, being tbe one entered at April Term, 1917, of tbe Superior Court of Surry County, be modified and amended, so tbat it would order and direct tbe said Hill, trustee, to sell all tbe lands conveyed to bim by tbe said Hauser by deed of assignment, remaining unsold, except so much thereof as is covered and embraced within tbe homestead of the said Hauser, as heretofore allotted to bim, and, as so modified and amended, that it be affirmed.

The cause is therefore remanded to the Superior Court, in order that the said judgment of April Term, 1917, be modified and amended as herein set forth.

The costs of this appeal will be equally divided between the plaintiffs and the defendants.

Remanded.