County of Buncombe v. Penland

The question involved: Where land is sold in an action to foreclose certificate of tax sale under N. 0. Code, 1931 (Michie) section 8031, and the owners are not named as parties defendant, but appear specially, does the court have the power and authority to hear and determine their motion to set aside and vacate the proceedings, on the ground that the same is void for want of jurisdiction and make additional party? We think so under the facts and circumstances of this case, as the appearance was general and the motion could be made. This action is brought to foreclose a certificate of tax…