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COLLINS v. R. L. COLEMAN & COMPANY

No. 92.

137 S.E.2d 803 (1964)

262 N.C. 478

Charles N. COLLINS and Robert L. Ray v. R. L. COLEMAN & COMPANY.

Supreme Court of North Carolina.

September 23, 1964.

Attorney(s) appearing for the Case

S. Thomas Walton, Asheville, for plaintiffs.

Loftin & Loftin, Asheville, for defendant.

RODMAN, Justice.

Plaintiffs allege: They are the owners in fee of Lot No. 9 of the Horney's-Hayes subdivision, as shown in Plat Book 5, p. 112, Register's office of Buncombe County; defendant has a lien on the property as assignee of the county's claim for taxes. They tendered the amount admitted to be owing.

Defendant denied plaintiffs owned the land; additionally it alleged: "That on September 29, 1934, an action was instituted in the Superior Court of Buncombe...

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