"We see no error in the judgment of the court below. Tbe remedy of plaintiffs was a motion in the cause. This whole controversy will be heard on its merits in the action, Buncombe County v. Penland. ante. 299. The judgment is
Affirmed.
Grice v. Auburn-Asheville Co., 206 N.C. 306 (1934)
March 21, 1934
·
Supreme Court of North Carolina
206 N.C. 306
A. P. GRICE, Trustee, and R. M. WENDELL, v. AUBURN-ASHEVILLE COMPANY.
(Filed 21 March, 1934.)
(Por digest see Buncombe Bounty v. PenlanS,, ante, 299.)
Appeal by plaintiffs from McElroy, J., at November Term, 1933, of BuNcombe.
Affirmed.
Carter & Carter for plaintiffs.