WELLS, Judge.
We note at the outset that the trial court lacked subject matter jurisdiction to hear this action and vacate the judgment of the trial court. We therefore confine our discussion of the case to this narrow issue and do not reach defendants' assignments of error asserting their entitlement to a new trial.
N.C.Gen.Stat. § 42-26 governs actions in summary ejectment. This statute states:
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