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CLAY v. CLAY

No. 392.

130 S.E.2d 309 (1963)

259 N.C. 251

Alexander CLAY, Jr., and Clem E. Clay, v. Alonza CLAY.

Supreme Court of North Carolina.

April 10, 1963.

Attorney(s) appearing for the Case

Burns, Long & Burns, Roxboro, for plaintiff appellants.

T. Jule Warren, Roxboro, and Blackwell M. Brogden, Durham, for defendant appellee.

PER CURIAM.

For the purpose of testing the sufficiency of the complaint the demurrer admitted that the defendant claims title to the land described in the complaint under a tax foreclosure proceeding to which the plaintiffs, remaindermen who each owned a one-twelfth interest in the land, were not made parties. The defendant demurred, and the demurrer was sustained, on the erroneous assumption that the plaintiffs may not...

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