#### *W. H. RUSSELL v. JOHN CAMPBELL.

Appeal, dismissal of — Disposal of Subject-matter.

Where, after an appeal from the refusal of judgment for the restitution of personal property-, the appellant has- come into possession of the property, or its equivalent, this Court will not hear the matter merely to adjudicate the costs, but will dismiss the appeal.

Action of CLAIM AND DELIVERY by plaintiff to recover possession of an engine. Defendant replevied, and .plaintiff and his servants proceeded to remove the property (the defendant being present and objecting), and sold and delivered it to a purchaser in Robeson county. At May Term, 1892, of CUMBERLAND Superior Court the defendant moved for an order requiring plaintiff to return the property forthwith to defendant. His Honor, Boykin, J., refused to grant the same, and defendant appealed.

Upon the call of the case in this Court it appeared from statement of counsel that the matter had been settled, “ and that no rights of parties would be affected by the determination of this case, and that the only matter involved is the costs of the action.”

Plaintiff’s counsel moved to dismiss.

Messrs. II. L. Cook and S. II. MacRae, for plaintiff.

Mr. N. W. Ray, for defendant.

*

MacRae, J., did not sit on the hearing of this case.

Clark, J.

: This was an appeal from the refusal of a judgment for the restitution of certain personal property. Since the appeal was taken the appellant has come into possession of the property, or its equivalent. The Court *405will not hear a matter merely to adjudicate the costs when the subject-matter of the apppeal has been disposed of. State v. Railroad, 74 N. C., 287; Hasty v. Funderburk, 89 N. C., 93; Pritchard v. Baxter, 108 N. C., 129.

Appeal Dismissed.