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98 N.C. 539

4 S.E 629

Brendle v. . Herren

Supreme Court of North Carolina

Decided September 5, 1887

Supreme Court of North Carolina · decided 1887-09-05

Motion heard before Montgomery, Judge, at Pall Term, 1887, of PIaywood Superior Court. In the progress of this cause, and after a response from the jury to an issue submitted to them, it was adjudged by the Court as follows: 1. That the defendant A. L. ELerren had a charge and lien upon the land sued for, for the sum of $300, with interest on the same from the 12th day of October, 1870, and that he hold said land until the same is satisfied and paid; 2.

Decided 1887-09-05

Smith, C. J.,

¶1 (after stating the case). No specific errors are pointed out, and we are at a loss to know of what the appellant complains. The judgment, perhaps unnecessary to be reviewed in terms, is in strict conformity to that previously rendered, and which, on account of differences between them as to the form of the deed required, remains unperformed. We have not that prepared by the plaintiff *541 before us, and cannot pass upon its sufficiency. But in examining the other, we think its provisions conform in substance to the requirements of the order, and should be accepted by the plaintiff, and the judgment should be so modified as to declare its sufficiency and require the unconditional payment of the money due the defendant in the office.

¶2 There is no error in the ruling of which the appellant can complain, and the judgment as modified is affirmed.

¶3 Modified and affirmed.

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