The opinion
Clark, C. J.,
dissenting: In the case on appeal it is stated: “This action is brought by the plaintiff against the defendants to determine the rights and liabilities of the several parties hereto in a certain lot of land, located in the city of "Wilmington, New Hanover County, of this State. It is agreed by the parties hereto that the facts upon which the controversy depends may be submitted to the court as in an action without controversy, and judgment may be entered thereon, subject to the right of either party to appeal therefrom to the Supreme Court.”
The proceeding proves, on examination,' to be two interrogatories submitted to the Court to ascertain its opinion as to what are the respective interests of two persons in a certain lot, without any real litigation, and there is nothing that the judgment of the Court can act upon. Accordingly, the judgment of the court below is merely an opinion, or legal advice, as to the respective rights or interests of the parties in the property. Had the property been Sold by order of court for partition, the question now asked us might have been presented upon appeal from the judgment distributing the proceeds, and it might come up in other ways, in a real litigation. But as now presented it is simply a “moot” point, and the Court is asked to give its opinion, as a matter of advice or legal information. The Court is asked to pass its opinion upon an abstract proposition, in a matter in which it cannot adjudge, or direct that the parties themselves, or the officers of the law, shall take any action. This is not a matter of which the courts will take jurisdiction. McKethan v. Ray, 71 N. C., 165 ; Board of Education v. Kenan, *472 112 N. C., 569 . It is the function of counsel, not of tlie courts, to advise parties as to tbeir rights, and answer interrogatories as to the law, as herein propounded.
A case exactly “on all fours” is Heptinstall v. Newsome, 146 N. C., 503 , in which Brown, Jspeaking for a unanimous court, says: “The advisory jurisdiction of courts of equity is primarily confined to trusts and trustees, which includes executors, as far as their rights, powers and duties under the will are concerned,” and then, after citing authorities, sums up: “This is not an action brought by the plaintiff against some person claiming an estate or interest in the tract devised to him, but is evidently a proceeding brought in .the interest of the several devisees of parcels of land to settle and determine all their respective rights arising under the will in presentí and in futuro in which the executors, as such, have no interest. The appeal and the action are dismissed.”'
It would add immensely to the volume of business in the courts if any two or more parties could at will propound interrogatories to the courts as to matters about which they are in doubt. “Submission of a controversy without action” was intended only to dispense with summons and pleadings, where there is a real controversy in which the court can render judgment as in any other action. It was not intended to devolve upon the courts the duty of answering legal questions without any 'judgment to put the opinion into effect. The two interrogatories submitted to the Court are solely as to what are the respective interests of Mrs. Campbell and Mrs. Cronly in the land, whether each owns one-third or one-half interest therein, and present only a moot point; especially is this so, since the Court holds that they cannot convey it.
Courts decide legal propositions, not as advisory counsel, but only when necessary in determining the relief to be adjudged.