An examination of tbe record in tbis appeal does not disclose any error for which tbe plaintiffs are entitled to a new trial. *180 None of tbeir assignments of error can be sustained. On the record, the defendants are entitled to have the judgment of the Superior Court in this action affirmed.

The plaintiffs contend, however, that if they are not entitled to a new trial for errors in the trial in the Superior Court, they are entitled to a new trial for newly discovered evidence in accordance with their motion which was duly made in this Court. See McIntosh, N. C. Prac. and Proc., page 806; Johnson v. R. R., 163 N. C., 431, 79 S. E., 690; Stilley v. Planing Mills, 161 N. C., 517, 77 S. E., 760; Chrisco v. Yow, 153 N. C., 434, 69 S. E., 422; Smith v. Moore, 150 N. C., 158, 63 S. E., 735; Black v. Black, 111 N. C., 300, 16 S. E., 412.

It appears from affidavits filed in this Court by the plaintiffs, and not controverted by the defendants, that after the expiration of the term of the Superior Court of Hertford County at which the action was tried, the plaintiffs discovered a letter which the defendant J. N. Vann wrote to Mrs. Viola Gf. Jenkins, who had died before the trial, which is as follows:

“Ahostcie, N. C., Dec. 17th, 1932.

“MRS. Viola JeNkins,

Aulander, N. C.

“Dear CousiN Viola: Replying to your letter of the 15th, which I received yesterday, I told Cola Sumner several days ago, that we had no objection to the sale of your timber, provided the sale was made to some responsible party, or- the money was paid for the timber before it was cut, and the proceeds applied on the note.

“I do not know when it will be possible to get to see you, as I have my hands full trying to shape my personal affairs before leaving the first of the year.

“With kind, good wishes, I am

Sincerely yours,

Joe.”

This letter, while probably not competent, relevant, or material as evidence pertinent to any of the issues submitted to the jury at the trial, would be competent, relevant, and material as evidence pertinent to an issue involving the relationship of Mrs. Viola G-. Jenkins and the defendants with respect to the tract, of land conveyed by her to them by deed dated 15 August, 1932. It tends to show that it was understood and agreed by and between Mrs. Viola G. Jenkins and the defendants, at the time his deed to them was executed, that the relationship between them of mortgagor and mortgagee should continue, notwithstanding said deed, and that Mrs. Viola G. Jenkins should have the right to redeem the land from the deed of trust, by paying to the defendants the amount *181 due on bis note. Before tbe new trial tbe plaintiffs may and probably will move for leave to amend tbeir complaint and set up therein a new cause of action. Sucb motion will, of course, bo addressed to tbe discretion of tbe court.

Tbe motion for a new trial for newly discovered evidence is allowed. It is so ordered.

New trial.