Opinion
(Filed 21 March, 1934.)
APPEAL by plaintiffs from McElroy, J., at November Term, 1933, of BUNCOMBE. Affirmed.
Carter Carter for plaintiffs.
(For digest see Buncombe County v. Penland, ante, 299.)
We see no error in the judgment of the court below. The remedy of plaintiffs was a motion in the cause. This whole controversy will be heard on its merits in the action, Buncombe County v. Penland, ante, 299. The judgment is
Affirmed.