The judgment of the court below is bottomed upon the finding that the imposition of a fine and suspended sentence and the *428order of confiscation were incorporated in one judgment. Upon this finding the court concluded that defendant, by paying the fine imposed, assented to the judgment as a whole and is thereby precluded from prosecuting his appeal to the Superior Court from the'order of confiscation.' The conclusion is a non sequitur. The fine and suspended sentence is an in personam judgment pronounced under authority of G. S. 14-291.1 while the order of confiscation is an-m rem decree entered under G. S. 14-299.
“The order of condemnation and sale of the vehicle seized is perforce no part of the personal judgment against the accused, albeit both are-dependent upon his conviction. S. v. Hall, 224 N. C., 314, 30 S. E. (2d), 158; 30 Am. Jur. 551.” S. v. Maynor, 226 N. C., 645. A defendant may comply with the one and at the same time prosecute his appeal from the other.
But on this record two judgments were entered. On 17 December 1946, defendant, upon his conviction, was fined $300 and placed under a suspended sentence. He did not appeal therefrom but instead paid the fine imposed. On the following day he filed motion in the cause to have the truck released from custody. Upon the hearing of that motion the court denied the relief prayed, confiscated the truck, and ordered its sale as provided by G. S. 14-299.
The defendant, by the verdict of guilty and judgment pronounced thereon from which he did not appeal, is forever precluded from contesting the fact of guilt. But he is not estopped thereby from further contesting the order of confiscation. He has followed the procedure heretofore approved by this Court. S. v. Reavis, ante, 18; S. v. Maynor, supra, and cited cases.
Furthermore, the court below dismissed defendant’s appeal and at the same time ordered the sale of the truck. It could not do both for the dismissal of the appeal divested the court of further jurisdiction in the cause.
The order entered in the court below is held for error. The appeal must be reinstated on the docket to be heard on its merits. To that end this cause -is remanded.
Error and remanded.