Bunn v. Braswell
Supreme Court of North Carolina
ActioN by Anua B. Burnt against L. 0. Braswell and others, heard by Judge ~W. B. Allen, upon an agreed statement of facts, at the May Term, 1905, of the Superior Court of Nash County. At the October Term, 1888, of the Superior Court of Nash County, N. W. Boddie recovered judgment by default against Exum Braswell, adjudging him to be the owner and entitled to the possession of the tract of land in controversy.
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ActioN by Anua B. Burnt against L. 0. Braswell and others, heard by Judge ~W. B. Allen, upon an agreed statement of facts, at the May Term, 1905, of the Superior Court of Nash County. At the October Term, 1888, of the Superior Court of Nash County, N. W. Boddie recovered judgment by default against Exum Braswell, adjudging him to be the owner and entitled to the possession of the tract of land in controversy. At the Spring Term, 1889, upon a motion to set the judgment aside, it was, by consent, adjudged “that said judgment is so faT modified as to declare that tbe defendant bas an equity to…
1Opinion of the Court
CoNNOR, L,
after' stating the facts: There is nothing in the complaint filed in the action of Fall. Term, 1888, to indicate the source or quality of the title of N. W. Boddie. *138The judgment of Spring Term, 1889, being by consent, is to be construed as any other contract of the parties. It constitutes the agreement of the parties made a matter of record by the court at their request. Gaslon J., in Wilcox v. Wilcox, 36 N. C., 36, says that a consent judgment “is the decree of the parties.” Dillard, J., in Edney v. Edney, 81 N. C., 1, says: “A decree by consent is the decree of the parties put on…
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