¶1 Upon reading the affidavit and hearing the motion of defendant for a new hearing for newly discovered testimony, it is ordered in the exercise of the discretion ary power of the Court that the judgment be reversed and the sale be set aside. Brown v. Mitchell, 102 N. C., 347.
¶2 The suggestion is made that the court below inquire whether the true interest of all parties would not be promoted by a sale of the property in separate lots.
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¶4 It was held in Brown v. Mitchell, that new hearing's or new trials granted by the Appellate Court in the exercise of its ‘discretion for newly discovered testimony would not be reported as precedents.