#### A. P. GRICE, Trustee, and R. M. WENDELL, v. AUBURN-ASHEVILLE COMPANY.

(Filed 21 March, 1934.)

(Por digest see Buncombe Bounty v. PenlanS,, ante, 299.)

Appeal by plaintiffs from McElroy, J., at November Term, 1933, of BuNcombe.

Affirmed.

Carter & Carter for plaintiffs.

*307OlakksoN, J".

"We see no error in the judgment of the court below. Tbe remedy of plaintiffs was a motion in the cause. This whole controversy will be heard on its merits in the action, Buncombe County v. Penland. ante. 299. The judgment is

Affirmed.