12 S.E. 1044 | N.C. | 1891
When this case was before us at last term (
Nor are we inadvertent to the fact that this is an action in ejectment, in which the defendant was permitted to defend without giving bond, and has also appealed to this Court without security. The action was begun four years, ago, and the plaintiff, who, by the verdict (267) of the jury and the judgment of the court below, was adjudged (over eighteen months ago) the owner and entitled to the possession of the premises, is kept out of the same and from enjoyment of the rents and profits, without any hope of recovering compensation for the detention of any of the costs and disbursements of so protracted a litigation. The appellant has no right to speculate upon the chances of further delay and the profitableness of negligence. There being no error on the face of the record, the motion of the appellee to affirm the judgment must be allowed.
Affirmed.
Cited: Johnston v. Whitehead, 109, N.C. 209; Lovic v. Ins. Co., ib., 303.