#### ROBERT GRANT v. ALLIE J. LONG.

(Filed 1 March, 1939.)

Judgment § 32 — Prior judgments in action for possession and action to recover payments made on option held to har this action for possession.

An administrator executed an option on lands of the estate and thereafter sold same to defendant. Defendant instituted action against tho purchaser in .the option contract and others, for the possession of the lands and final judgment was entered that defendant was the owner of the lands and awarding damages for wrongful detention. Thereafter the purchaser in the option contract instituted suit against the administrator and recovered judgment for the amount paid under the contract. Thereafter he instituted this action against defendant to recover possession of the lands. Held: The record justifies the judgment of the lower court that the present action is barred by the judgments in the prior proceedings.

Appeal by plaintiff from Bone, J,, at October Term, 1938, of Edge-combe.

Affirmed.

In this case tbe plaintiff sued for tbe recovery of certain lands described in tbe complaint, and tbe defendant pleaded in bar of tbe action tbat tbe plaintiff was estopped by final judgment in a former action.

On 15 December, 1932, J. Walter Brown, administrator of tbe estate of J. D. Brown, executed an option on tbe lands and on other lands to tbe plaintiff, Robert Grant, wbicb option was never properly recorded. Grant failed to make tbe payment required in tbe option, and on 5 April, 1933, Brown, administrator, conveyed tbe lands to Allie J". Long, by deed duly registered 6 April, 1933. In June, 1933, Allie J. Long, defendant in tbe present suit, instituted an action in tbe Superior Court of Edge-combe County against Robert Grant and others for tbe possession of tbe land described in tbe deed, this being identical with tbat described in tbe complaint in tbe present action, and for damages for wrongful detention. Subsequently, at tbe November Term, 1933, of Edgecombe Superior Court, an order was entered requiring Grant and other defendants in tbat suit to surrender possession of tbe lands in controversy to Allie J. Long, pending tbe final determination of tbat action, and without prejudice to either party; wbicb possession was to commence on 28 December, 1933, and to continue until tbe final determination of tbe action, and in any event to last through tbe year 1934.

Tbat case was tried at tbe October Term, 1934, and issues as to ownership and possession of tbe land and damages were decided in favor of Allie J. Long and against Robert Grant. Final judgment was thereupon entered adjudging tbat Allie J. Long was tbe owner and entitled *187to possession of tbe land, and awarding damages against Grant and tbe other defendants.

In August, 1933, Grant instituted an action in tbe Superior Court of Edgecombe County against Brown, administrator, setting out tbe above mentioned option and contract and praying judgment for recovery of tbe amount of money paid thereunder in tbe sum of $445.00 and for damages for breach of contract. Tbe contract was tbe same as that referred to in tbe complaint, and judgment was rendered in that action in favor of Grant against Brown.

Tbe judgment roll in tbe prior action was introduced in tbe present action, and, upon an inspection of tbe record and tbe facts found, tbe trial judge concluded that tbe plaintiff in tbe present action was estopped by tbe former proceedings and judgments thereupon and entered judgment accordingly, from which tbe plaintiff appealed.

T. T. Thorne for plaintiff, appellant.

Henry G. Bourne for defendant, appellee.

Per Curiam.

We are of the opinion that the conclusion reached by the court below is justified by the record, and the judgment is

Affirmed.