(Filed 15 June, 1938.)
Appeal and Error §§ 38, 49—
When the Supreme Oourt is evenly divided in opinion, one Justice not sitting, the judgment of the lower court will be affirmed and becomes the law of the case without becoming a precedent for other cases.
Appeal by defendant from Williams, J., at November Term, 1937, of GbaNville.
Affirmed.
This is a controversy without action, under an agreed statement of facts. The judgment of the court below is as follows:
“This cause coming on to be heard and being heard before the undersigned judge of the Superior Court holding by exchange courts of the Tenth Judicial District, presiding at the November Term, 1937, of the Superior Court of Granville County, upon statement of facts contained in the case agreed, submitted to the court as a controversy without action, and the court being of the opinion that upon the facts contained in said *26agreed statement tbe deed tendered by tbe plaintiffs, when delivered, conveys a fee simple title in and to tbe lands described therein:
“It is therefore considered, ordered and adjudged that upon delivery of said deed tbe defendant pay to tbe plaintiffs tbe sum of $4,000, tbe same being tbe purchase price stipulated for said lands, and that upon delivery of said deed tbe defendant is tbe owner and bolder of title to said lands in fee simple.
“It is agreed that tbe judgment herein may be rendered and signed in or out of term, in or out of tbe county. This 1 December, 1937. Clawson L. Williams, Judge of tbe Superior Court Holding tbe Courts of tbe Tenth Judicial District by Exchange.”
Tbe defendant excepted and assigned error to tbe judgment as signed and appealed to tbe Supreme Court.
Parham & Taylor for plaintiffs.
Roysler & Royster for defendant.
PER Cubiam.
Tbe Court being evenly divided in opinion, Devin, J., not sitting, tbe judgment of tbe Superior Court is affirmed and stands, according to tbe uniform practice of appellate courts, as tbe decision of this case without becoming a precedent in other cases. Seay v. Insurance Co., 208 N. C., 832.
So far as tbe title in tbe present action is concerned, tbe judgment becomes res judicata. Seay v. Insurance Co., 213 N. C., 660.
Tbe judgment of tbe court below is
Affirmed.