Upon consideration, we think that this case may properly be merged with the First Carolinas Joint StockLand Bank v. Knotts et al., as it appears that all issues involved in the two suits can be disposed of in that action.

The Court, therefore, amends Paragraph 2 of its opinion heretofore filed in this case, so that such paragraph will read as follows: "His order, therefore, from which this appeal is taken, and which will be reported, is affirmed, except as to the provision therein that all issues arising in the case be referred to the Honorable B.H. Moss, County Judge, to take the testimony on such issues, etc. Instead, it is ordered that this action, Knotts v. Knotts et al., be merged with the case of First Carolinas Joint Stock Land Bank v. Knotts etal., now in process of decision, for trial in that action of the issues involved herein."

The opinion heretofore filed in this case, as thus amended, is the judgment of the Court.

The order staying the remittitur is revoked.

MR. CHIEF JUSTICE STABLER and MESSRS. JUSTICES BONHAM, BAKER and FISHBURNE concur. *Page 260

February 14, 1939. The opinion of the Court was delivered by Several questions, all of which we have considered with care, are raised by the exceptions in this case. However, we deem it unnecessary to discuss them, as an examination of the record satisfies us that they were correctly disposed of by the Circuit Judge.

His order, therefore, from which this appeal is taken, and which will be reported, is affirmed.

Upon consideration of the objections of the appellant thereto, we also approve and affirm the order of Judge Mann settling the case for appeal.

MESSRS. JUSTICES BONHAM, BAKER and FISHBURNE concur. *Page 259

MR. JUSTICE CARTER did not participate on account of illness.