College Heights Credit Union v. Boyd

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:

Any tenant or lessee of any house or land, and the assigns under the tenant or legal representatives of such tenant or lessee, who holds over and continues in the possession of the demised premises,…