Tbe Court being evenly divided in opinion, Devin, J., not sitting, tbe judgment of tbe Superior Court is affirmed and stands, according to tbe uniform practice of appellate courts, as tbe decision of this case without becoming a precedent in other cases. Seay v. Insurance Co., 208 N. C., 832.

So far as tbe title in tbe present action is concerned, tbe judgment becomes res judicata. Seay v. Insurance Co., 213 N. C., 660.

Tbe judgment of tbe court below is

Affirmed.