Whitaker-Holtsinger Hardware Co. v. Whitten

148 S.E. 239, 197 N.C. 251, 1929 N.C. LEXIS 207

Opinion

Stacy, C. J.,

after stating the case: It is apparent from the record that the first creditors’ bill was “nonsuited” only so far as it assailed the validity of the purchase-money mortgage given by Whitten to Fowler, and this upon the ground that no evidence had been offered to support the allegation of fraud. Hence, the trial court properly held that the judgment entered in the consolidated action tried at the May Term, 1928, Madison Superior Court, was a bar to the present suit. The plaintiffs have had their day in court; they are still in court in the other action; they have no just cause for complaint at the action of the trial court in dismissing the present suit. Morrison v. Lewis, ante, 79; Allen v. Salley, 179 N. C., 147, 101 S. E., 545.

Affirmed.