Oxendine v. Lewis

Supreme Court of North Carolina

Oxendine v. Lewis

111 S.E.2d 870, 251 N.C. 702, 1960 N.C. LEXIS 527

CourtSupreme Court of North Carolina

DecidedJanuary 14, 1960

Docket741

StatusPublished

Cited by6 cases

This text of 111 S.E.2d 870 (Oxendine v. Lewis) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Oxendine v. Lewis, 111 S.E.2d 870, 251 N.C. 702, 1960 N.C. LEXIS 527 (N.C. 1960).

Pincite

Opinion

HiggiNS, J.

Involved in this' action are apparently conflicting provisions of a deed. The court is called upon to resolve the conflict. In order that its judgment may be binding on all parties in interest and be a final termination of the controversy, the court should have before it all the heirs at law of Melinda Oxendine Hunt. The absent heirs are not bound by the judgment in a cause to which they are not parties. Our procedure requires that they be brought in and given an opportunity to be heard. Britt v. Children’s Homes, 249 N.C. 409, 106 S.E. 2d 474; Morganton v. Hutton & Bourbonnais Co., 247 N.C. 666, 101 S.E. 2d 679; Edmondson v. Henderson, 246 N.C. 634, 99 S.E. 2d 869.

The judgment of the Superior Court of Robeson County is set aside. The cause is remanded for additional parties.

Remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

HiggiNS, J.

Involved in this' action are apparently conflicting provisions of a deed. The court is called upon to resolve the conflict. In order that its judgment may be binding on all parties in interest and be a final termination of the controversy, the court should have before it all the heirs at law of Melinda Oxendine Hunt. The absent heirs are not bound by the judgment in a cause to which they are not parties. Our procedure requires that they be brought in and given an opportunity to be heard. Britt v. Children’s Homes, 249 N.C. 409, 106 S.E. 2d 474; Morganton v. Hutton & Bourbonnais Co., 247 N.C. 666, 101 S.E. 2d 679; Edmondson v. Henderson, 246 N.C. 634, 99 S.E. 2d 869.

The judgment of the Superior Court of Robeson County is set aside. The cause is remanded for additional parties.

Remanded.

Cite This Page — Counsel Stack

Bluebook (online)

111 S.E.2d 870, 251 N.C. 702, 1960 N.C. LEXIS 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oxendine-v-lewis-nc-1960.

Opinion

Related

Cite This Page — Counsel Stack