In Holloway v. Durham, 176 N. C., 551, it is said that in case of an adversary judgment the jurisdiction of the court is restricted to the matters presented in the pleadings, but that a consent judgment under our decisions may be made effective and extended to any matters that may be agreed upon by the parties, and which are within the general jurisdiction of the court.
In reference to the latter position, the Court further said: “The decisions of this State have gone very far in approval of the principle that a judgment by consent is but a contract between the parties put upon the record with the sanction and approval of the court, and would seem to uphold the position that such a judgment may be entered and given effect as to any matters of which the court has general jurisdiction, and this with or without regard to the pleadings,” citing Bank v. McEwen, 160 N. C., 414; Bunn v. Braswell, 139 N. C., 139, and other cases.
Recurring, then, to the terms of this consent judgment on which the rights of these parties must depend, it is clear, we think, that the parties intended to pass to Sophronia Horner, ancestor in title of plaintiffs, the entire right of way obtained from J. H. Horner, her husband, whenever the same was abandoned by the companies, and extending from the junction to Williamsboro Street, and including the two acres formerly used for a terminal station. The term “right of way,” when applied to a railroad company, may, in proper instances, very well be extended to include the depot site ordinarily used in the operation of the road. 22 R. C. L., p. 847; 33 Oye., p. 643.
And in this instance the judgment purports, in express terms, to apply to and include both the land used for a right of way and for the location of the station. And to put the matter beyond all question, the judgment closes with the provision that the same shall be operative also in respect to any part of the right of way which was conveyed to the Oxford and Henderson Railroad Company by "mesne conveyances from the late James H. Horner and wife.”
*273Tbe only mesne conveyance is that through the deed from W. F. Beasley for this two acres for a terminal station, and the judgment, therefore, in our opinion, contemplates and provides that as this part of the road shall be abandoned it shall revert to the Horner heirs, both the right of way which came to the road directly from James H. Horner and indirectly through the mesne conveyance to W. F. Beasley. There is error, and this will be certified that judgment be entered for plaintiff.
Error.
Clark, C. J., did not sit.