There was no trial, judgment of condemnation or affirmation in this case by the town of Ahoskie or in the Superior Court. There was a proceeding begun for condemnation and a report of the commissioners appointed, that they thought that the condemnation should be made and that the value of the property was $1,250. An appeal was taken from this in October, 1919, but it was premature for there was no judgment of the board from which the appeal could be taken. C. S., 1723. It pended in the Superior Court for four years, and then the proceeding was abandoned by the town by entry of a non-suit, as it had a right to do.
In R. R. v. R. R., 148 N. C., 64, it was held: “Neither party is entitled to trial by jury until the coming in of the report and after its confirmation.” The proceedings were entirely irregular, and at October Term, 1923, the town made a motion of nonsuit and discontinued the proceeding. The court refused to proceed with the case on this record, allowed the discontinuance or nonsuit, and properly adjudged the costs against the town. The appellant admits in his brief that the appraisement had not been reported to the board of commissioners of the town and confirmed by them. The appellant’s brief says that he moved to “allow the report of the board of appraisers to be confirmed.” In Cahoon v. Brinkley, 168 N. C., 258, it is said: “The plaintiff had a right to submit to a judgment of nonsuit, inasmuch as no verdict had been rendered.”
It does not appear in fact that anything has been done except the order for an appraisement and a report by them which, without confirmation by the board, was improvidently appealed to the Superior Court, and after sleeping there for four years, the town asked to have the action dismissed at its own cost.
*259Tbe court found as a fact, as set out in tbe record, that tbe town bas never been in possession of tbe. strip of land, and bad never exercised any ownership or authority over it, and there is nothing in tbe record showing any judgment or confirmation by tbe commissioners of tbe town which conferred any interest or lien in tbe land or authority over it against tbe respondents. Tbe respondent bad appealed, it is true, but be bad set up no counterclaim, and there was no equity involved. Tbe towm bad a right to take a nonsuit in tbe proceeding upon payment of tbe costs.
Affirmed.