Since the purpose of the bond is to protect the appellee from losses incurred during an appeal, the only reasonable interpretation is that the trial court must determine the value of the loss to the appellee of the use and occupancy of the property during the appeal. SeeNugent v. Beckham, 43 N.C.App. 703, 707, 260 S.E.2d 172, 175 (1979) ("N.C. Gen.Stat. ยง 1-292 clearly contemplates that the seller must compensate the buyer for the buyer's loss of use and occupation of the property pending an appeal in which a judgment and decree ordering sale and possession to buyer is affirmed."). Appellants' affidavit asserting that the bond should be $1.00 because they do not intend to use or occupy the property is, therefore, beside the point.
The situation is analogous to a buyer suing for specific performance of land encumbered by a lien or deed of trust; he is entitled to an abatement of the purchase price in the amount of the encumbrance. See Nugent v. Beckham, 43 N.C. App. 703, 260 S.E.2d 172 (1979); Passmore v. Woodard, 37 N.C. App. 535, 246 S.E.2d 795 (1978); 71 Am. Jur.2d Specific Performance 134-36 (1973). Thus it seems clear that plaintiff in the present case remains entitled to specific performance on the contract to convey the property, with an abatement in the purchase price for the value of defendant's wife's dower interest and for rents and profits for the period he was denied possession.