Town of Asheboro v. Miller

The defendant makes the contention (1) that this is a proceeding under C. S., 8037, and that it is barred for the reason that it was not instituted within 18 months after the sale and issuance of tax sale certificate; and (2) that there are fatal defects in the original proceedings under which the assessment was made.

The court below in p&rt found:

“5. That the Clerk of the Superior Court of Randolph County having issued an alias summons 91 days after the institution of the action, contrary to the provisions of C. S., 480, unless said alias summons was issued in cases of tax suits brought under…