Town of Cary v. Stallings

JOHNSON, Judge.

Plaintiff, Town of Cary, made certain curb and gutter improvements in front of defendant Myrtle 0. Stallings’ property on 9 December 1976. In accordance with the statute, plaintiff assessed the cost of such improvements to defendant in the amount of $1,011.56. Defendant never paid the debt and plaintiff thereafter claimed a lien against the property.

In September 1984, plaintiff filed suit to foreclose on its assessment lien. No answer was filed on behalf of defendant. Partial payments were, however, subsequently made on the debt. A judgment for plaintiff was entered on 4…