Summers v. . Moore

Supreme Court of North Carolina

Summers v. . Moore

20 S.E. 172, 115 N.C. 700

CourtSupreme Court of North Carolina

DecidedSeptember 5, 1894

StatusPublished

Cited by4 cases

This text of 20 S.E. 172 (Summers v. . Moore) 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

Summers v. . Moore, 20 S.E. 172, 115 N.C. 700 (N.C. 1894).

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Opinion

Clark, J.':

It is true, as contended that as to the substituted ten acres the heirs of the wife should be parties defendant to bind them.' If these same defendants, heirs of the husband, are, as is probable, the heirs of the wife also, they have no cause to complain. If, on the contrary, the heirs of the wife are not the same persons as the heirs of the husband, the latter cannot complain. The heirs of the wife, if not parties, are not bound by the judgment. They can still institute independent proceedings if they desire.

Petition Dismissed.

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Clark, J.':

It is true, as contended that as to the substituted ten acres the heirs of the wife should be parties defendant to bind them.' If these same defendants, heirs of the husband, are, as is probable, the heirs of the wife also, they have no cause to complain. If, on the contrary, the heirs of the wife are not the same persons as the heirs of the husband, the latter cannot complain. The heirs of the wife, if not parties, are not bound by the judgment. They can still institute independent proceedings if they desire.

Petition Dismissed.

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Bluebook (online)

20 S.E. 172, 115 N.C. 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/summers-v-moore-nc-1894.

Opinion

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