Pass v. Brooks.

This case was before the Court at Eall Term, 1899, reported in 125 N. C., 129, and is before ns again upon a petition to rebear. There is no complaint as to anything contained in the opinion, except what is-said in the two last paragraphs, where the Court undertakes to settle the matter in dispute between the parties upon an equitable adjustment; and we do not see that the plaintiff is damaged by what is there said. It would probably have been better to have said in that opinion what was held by the Court when it was here before, and what we will say now: That it is so apparent to the Court,…