City of Hendersonville v. Salvation Army

Aside from court costs, the plaintiff City of Hender-sonville has no pecuniary interest in the outcome of this proceeding. The land which it purchased at the foreclosure sale has been sold and conveyed to McFadden and wife. If the title acquired by them should prove invalid, they have no recourse on the City. Wilmington v. Merrick, 234 N.C. 46, 65 S.E. 2d 373; Turpin v. Jackson County, 225 N.C. 389, 35 S.E. 2d 180. Accordingly, the McFaddens are now the real parties in interest. Yet they were neither pleaded into the case nor given notice of the proceeding -below.

In this state of the record…