Same opinion as in Smith v. Mechanics’’ Building c§ Loan Association.
Error, and judgment according to that opinion, which will be certified.
Order reveised.
(The Syllabus in this case is the same as in the preceding case of Smith and wife v. The Mechanics' Building and Loan Association, page 372.)
This was a civil actioN, similar to the two proceding against the same defendant, heard at the same time by his Honor, Kerr, J., at Chambers in the county of New Hakover.
For the facts, and the orders made in the Court below, from which the plaintiff appealed — see the case of Smith and wife against the 6ame defendant, ante page 372.
Strange, London and French, for appellant.
Smith <& Strong, Fowle and Batchelor, contra.
Same opinion as in Smith v. Mechanics’’ Building c§ Loan Association.
Error, and judgment according to that opinion, which will be certified.
Order reveised.