#### DICEY ODEN v. ROBERT R. DAVIS.

(Filed 28 September, 1927.)

Appeal by defendant from Granmer, J., at April Term, 1927, of CRAVEN.

Civil action to set aside deed for lot of land in the city of New Bern, alleged to have been fraudulently procured from the plaintiff by the defendant.

■From a verdict and judgment in favor of plaintiff the defendant appeals, assigning errors.

*793 Moore & Dunn for plaintiff.

Ward & Ward for defendant.

Pee Cueiam.

Tbe controversy on trial narrowed itself to an issue of fact, determinable alone by tbe jury. A careful perusal of tbe record leaves us with tbe impression that tbe case has been beard and determined substantially in accord with the _ principles of law applicable, and that tbe validity of tbe trial should be sustained. All matters in dispute have been settled by tbe verdict, and no action or ruling on tbe part of tbe trial court has been discovered by us which we apprehend should be held for reversible error.

There is a sharp conflict in tbe evidence on tbe issue of liability, but this was purely a question of fact; tbe jury has determined tbe matter against tbe defendant; there is no reversible error appearing on tbe record; tbe exceptions relating to tbe admission and exclusion of evidence, and those to tbe charge, must all be resolved in favor of tbe validity of tbe trial; tbe case presents'no new question of law, or one not heretofore settled by our decisions; it only calls for tbe application of old principles to new facts. Tbe verdict and judgment must be upheld.

No error.