(Filed 11 October, 1933.)
Guardian and Ward O b—
A guardian executed a note and deed of trust under an order made by tbe clerk without the approval of the judge. The judge later approved the order nunc pro tunc. Held, the defect was cured. O. S., 2180.
Appeal by plaintiffs from Barnhill, J., at Chambers, Eocky Mount, 18 March, 1933. From Nash.
Civil action by wards to have note and deed of trust signed by their guardian, under order of court, approved by tbe judge nunc pro tunc, declared null and void, beard upon facts agreed, which resulted in judgment of dismissal. Plaintiffs appeal.
A. 0. Dickens, M. S. Strickland and Finch, Rancl & Finch for plaintiffs.
Cooley & Bone for defendant, Fertilizer Works.
Pee CueiaM.
The judgment of tbe Superior Court is supported by tbe facts upon which it is agreed 'the rights of tbe parties depend.
The note and deed of trust were executed by tbe guardian pursuant to order of the clerk of tbe Superior Court, and before same was approved by tbe judge as required by C. S., 2180, but tbe judge’s approval was later entered nunc pro tunc. This cured tbe defect. Campbell v. Farley, 158 N. C., 42, 73 S. E., 103. Compare Mann v. Mann, 176 N. C., 353, 97 S. E., 175.
Affirmed.