#### CHARLES F. DUNN v. FRANK McKNIGHT.

(Filed 7 October, 1925.)

Appeal by plaintiff from Barnhill, J., at August Term, 1925, of LeNOIb.

Affirmed.

Charles F. Durm for plaintiff.

Ely J. Perry and F. E. Wallace for defendant.

Pee CuRiam.

This was an action in ejectment to recover real property, brought by plaintiff against defendant. Tbe summons and complaint were duly served on defendant, who filed answer and defense bond. Plaintiff made motion before tbe clerk to strike out answer and for judgment by default final. This motion was denied by tbe clerk, and plaintiff appealed to tbe Superior Court. Tbe cause was duly transferred to tbe civil issue docket of tbe Superior Court at term for trial upon tbe issues raised by tbe pleadings.'

Tbe matters in controversy were beard after notice by defendant to plaintiff, at August Term, 1925, by bis Honor, Barnhill, J., who found *861all the facts entitling defendant to the judgment rendered. The presumption of law is that the finding of facts by the court below is based on competent evidence, and, ordinarily, this Court is bound by the findings.

We think, under all the facts and circumstances of this case, that the judgment of the court below should be

Affirmed.