SEAWELL, Justice.
This action was brought under G.S. § 105-406 to recover from the Treasurer of the Town of West Jefferson taxes paid by the plaintiffs under protest. There is no controversy over the fact that the taxes were paid under protest and that suit to recover back was brought in apt time.
The controversy was, by consent, heard before the trial judge without a jury and terminated in a judgment for plaintiffs from which the defendants appealed...
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