In tbe absence of an allegation of fraud or mutual mistake, it would seem that tbe case is- controlled by tbe decision in Baton v. Doub, 190 N. C., 14, 128 S. E., 494, upon which tbe judgment was entered, rather than on tbe principles announced in Sills v. Ford, 171 N. C., 733, 88 S. E., 636, cited by tbe plaintiffs.

Affirmed.