I. W. LIPE v. COUNTY OF STANLY.

(Filed 19 December, 1930.)

Controversy without Action A h: Appeal and Error E a — Affidavit must be filed in submission of controversy: Record must contain necessary parts.

A case submitted on agreed statement of facts must be accompanied by necessary affidavit, and if an adversary proceeding tbe record proper must contain necessary parts, otherwise the appeal will be dismissed.

Appeal by defendant from Johnson. Special Judge, at July Term, 1930, of StaNly.

Proceeding to determine tbe liability of tbe defendant under C. S., 8035, “for costs and attorney’s fees” where unidentified and undiseov-erable lands are sold for taxes.

From a judgment for tbe plaintiff, rendered on an agreed statement of facts, tbe defendant appeals.

W. L. Mann for plaintiff.

W. B. Bogle for defendant.

Pee Oubiam.

It is not clear from tbe record wbetber tbis is a controversy without action, submitted on an agreed statement of facts, or an adversary proceeding in which tbe facts were agreed upon. If tbe former, it must be dismissed for failure to accompany tbe agreed statement of facts with necessary affidavit. Grandy v. Gulley, 120 N. C., 176, 26 S. E., 779. If tbe latter, tbe pleadings are not before us and tbe appeal must be dismissed for failure to sendmp' necessary parts of the record proper. Waters v. Waters, 199 N. C., 667; Pruitt v. Wood, 199 N. C., 788.

Dismissed.