The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1933-03-21
suit TO SET
DEEDS ASIDE
BROUGHT here
Involve Tax Liens Sold by
County for Justice St.
Oakland Ave. Property

Alleging irregularity and at
tempted fraud, three separate
suits have been filed in superior
court to set aside deeds to certain
property executed to Realty, Inc,
and J. II. Yelton, and to F. v.
Hunter and J. H. Yelton in con-
nection with 1929 tax liens sold
by Henderson county to George
p. Street and in which E. W. Ew-
bank acted as commissioner and
c. D. Weeks as attorney.
The properties in question are
on Oak street in the Stradley di-
vision, the J. C. Waldrop dwelling
on Justice street and the j. L.
Albea dwelling on Oakland ave-
nue.. Harkins, VanWinkle and
Walton. law firm of Asheville,
brought the suits on behalf of the
General Realty Co., of Durham.
Filing of the suits attracted
considerable attention because OF
the large number of properties
whose tax certificates were trans
ferred to Mr.. Street by Hender-
son county and the subsequent
sale of many of these properties
for the tax judgments.
In the suit involving the Wal
drop property, which action is
similar to the other two, the COM
plant alleges that the property
was conveyed by John Forrest
ard wife to J. G. Waldrop and
lfe in March, 1922, and that the
plaintiff. the General Really Co.,
became the owner by virtue of n
trustees deed executed by w. G..
Bramham and T. L. Bland, receiv-
ers for the First National Bank
of Durham, on April /, 1882. The
complaint further sets out thai
the defendants now claim some
right, title and interest by virtue
of certain deed which purports
to have been executed to f. v.
Hunter by E. w. Ewbank, COM
missioner, dated Jan. %. 1888,
as the result of suit brought by
George P. Street VS.. J. G. Wal
drop and wife, for the purpose Of
foreclosing a lien of taxes OF
Henderson county and assigned
to George P. Street for the year
1929.
Continuing, the complaint AYERS
that certain parcels Of land listed
by J. C. Waldrop were sold for
taxes due Henderson county for
S161.15; that the tax certificate
was assigned to George P. Street
on April 7, 1881; that descrip-
ton and complaint was signed by
C. D. Weeks as attorney and veri-
fed by him; that the complaint
did not conform to the statutes
in that it did not set forth the
tax sale certificate and a copy
was not attached, thus rendering
the judgment void, irregular and
of no force; that the complaint
described the property so meager-
~ as not to give proper notice to
the plaintiff or anyone else inter-
ested; that J. C. Waldrop did not
sign the tax list sheet but it was
purported to have been signed by
r. T. Wheelwright, who had no
authority; that a general notice
of publication of the tax delln-
quency was begun on July 25,
1882, and was defective in that il
was meager and inadequate; that
Judgment of foreclosure was
signed by the clerk of court on
August IS, 1882, decreeing that
the property be sold; that such
judgment was detective; that E..
w. Ewbank sold the property to
J. H. Yelton for $3.50 on October
3, 1882, to the knowledge OF
Hunter and Ewbank.
1t is further alleged that yell
ton had been an agent for the
plaintiff since 1880 for the pur-
pose of supervising its properties,
(Continued on page three)