Mills v. . Callahan

36 S.E. 164, 126 N.C. 756, 1900 N.C. LEXIS 308

• Court: Supreme Court of North Carolina
• Decided: May 29, 1900
• Status: Published

Opinion

Faircloth, C. J.

Action of ejectment by the widow of L. A. Mills. At Spring Term, 1899, the heirs of L. A. Mills were made parties plaintiff/ and tire defendant excepted. The matter was tried at Fall Term, 1899, when the plaintiff recovered the land, tracing their title from a grant older than, that under which the defendant claimed.

' We had supposed that the power of'the Judge to make additional parties to an action Ava.s settled, especially when the amendment did not change the cause of action, nor work any injustice to the opposing party. Code, sec. 273 ; Bullard v. Johnson, 65 N. C., 436.

The exceptions to evidence, tending to show who were the heirs of L. A. Mills, and to identify and locate the land in dispute, were based on the theory that error in making the heirs parties was committed. They were properly overruled, and we see no error in the record.

Affirmed.