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RAND v. WILSON COUNTY

No. 239.

89 S.E.2d 779 (1955)

243 N.C. 43

Oliver G. RAND and Wade A. Gardner, Commissioners, v. WILSON COUNTY; J. T. Boyette, Tax Collector of Wilson County; and K. J. Herring, Auditor and Treasurer of Wilson County.

Supreme Court of North Carolina.

November 2, 1955.

Attorney(s) appearing for the Case

Lucas, Rand & Rose and Gardner, Connor & Lee, Cyrus F. Lee, Wilson, for plaintiff appellants.

Luke Lamb, Wilson, for Wilson County, defendant appellee.

BARNHILL, Chief Justice.

The complaint does not allege specifically that the judgment entered in the action to try title to the lands described in the complaint was in effect a judgment by consent. Reference is made thereto as such in the briefs filed in this Court, and it was admitted during the oral argument that said judgment was in fact a consent judgment. Therefore, the motion entered by the plaintiffs in this Court for permission to amend the complaint to allege...

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