#### CITY OF ASHEVILLE v. JOHN C. ARBOGAST et al.

(Filed 24 January, 1934.)

(For digest see Buncombe County v. Arbogast, ante, 745.)

Appeal by Aubum-Asbeville Company, alleged purchaser at tax-sale foreclosure, from Alley, J., at June Term, 1933, of BuNcombe.

Motion in tax-sale foreclosure suit to set aside sale and to vacate order of confirmation.

Motion allowed. Appeal by alleged purchaser.

Bourne, Parker, Bernard & DuBose for Auburn-Asheville Company.

Heazel, Shuford & Hartshorn for Consolidated Realty Corporation.

Johnson, Smothers & Rollins for Hood, Commissioner of Banks.

Per Curiam.

The case is controlled by the decision in Buncombe County v. Arbogast, ante, 745.

Affirmed.