Graves v. . Cameron

"WalKER, J.,

dissenting: My opinion is that the transaction between the parties, by which the former mortgage was satisfied and canceled, with a stipulation that this suit should be dismissed, was a bar in law to the further prosecution of this action, and, therefore, was not such matter as could be proved in diminution of damages upon the execution of a writ of inquiry. If it had been duly and properly pleaded, the court would have dismissed this action. As said at this term, in Patrick v. Dunn, 162 N. C., by Justice Allen: “Evidence in bar of plaintiff’s right of action is not admissible on…