It would seem that under the decision in Jordan v. Sigmon, 194 N. C., 707, 140 S. E., 620, the defendant is in no position to complain at the judgment entered below. Compare Speight v. Speight, 208 N. C., 132, 179 S. E., 461.

The eases cited by appellant, Dixon v. Hooker, 199 N. C., 673, 155 S. E., 567, and Allen v. Smith, 183 N. C., 222, 111 S. E., 11, were given due weight by the trial court. They are not controlling on the facts presently presented.

Affirmed.