Supreme Court of North Carolina February 26, 1941 (Berry v. . Payne)

ClarksoN, J.

This is an action brought by plaintiffs, residing in the town of Engelhard, against defendants to restrain them from levying a certain tax which plaintiffs contend is illegal and void. That they owed no tax and the levy “would cast a cloud upon their title.” The court below found the facts and rendered judgment in favor of defendants, dissolving the restraining order.