The plaintiffs in the above named case, appealed to this Court. Their appeal was heard and determined' at the last Term, and the action was dismissed. It hence becomes unnecessary to decide the quéstion presented by the present, the defendants’ appeal. Indeed, it turns out that this appeal was unnecessary, and it must therefore be dismissed, as having-been improvidently taken. Davenport v. McKee, 94 N. C., 333,

Dismissed.