Johnson v. McLamb

At the time of the tax foreclosure, Mary Mc-Lamb owned only a one-ninth undivided interest in the lot. She alone was joined as a defendant. The single question here presented is whether the tax foreclosure deed is color of title against the cotenants who were not parties to the foreclosure.

The deed meets all the essential requirements prescribed by the general rules definitive of colorable title. Says Walker, J., in Burns v. Stewart, 162 N.C. 360, 365, 78 S.E. 321, 323: “Color of title has been variously defined by the courts of this country. It was early held to be any writing which on its…