HORTON v. DAVIS

No. 7118SC256.

184 S.E.2d 601 (1971)

12 N.C. App. 592

W. W. HORTON v. Annie E. DAVIS et al.

Court of Appeals of North Carolina.

November 17, 1971.


Attorney(s) appearing for the Case

Julian C. Franklin, High Point, for plaintiff appellant.

Morgan, Byerly, Post & Herring, by J. V. Morgan and J. W. Clontz, High Point, for defendants appellees.

W. B. Trevorrow and Ralph A. Walker, Greensboro, for Guilford County Bd. of County Commissioners.


MORRIS, Judge.

This is, of course, an action in ejectment. Paul Davis, never having been served, is not a party thereto. Plaintiff and Guilford County strenuously contend that valid service was had upon Paul Davis in the tax foreclosure suit. Defendants just as strenuously contend that the service was not valid and the judgment, therefore, void. In our view of the case, this question is not before us.

In our opinion this is obviously an attempted collateral...

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