#### TOWN OF TARBORO v. MRS. KATE I. JOHNSON.

(Filed 27 February, 1929.)

Civil actioN, before Moore, Special Judge, at October Term, 1928, of Edgecombe.

George M. Fountain for plaintiff.

Gilliam & Bond for defendant.

Per Curiam.

Gonnoi', J., did not sit, and the Court being evenly divided in opinion, the judgment of the Superior Court is affirmed and. stands as the decision in this case without' becoming a precedent. Hillsboro v. Bank et al., 191 N. C., 828, 132 S. E., 657.

Affirmed.