Legal Opinion

Williams v. Herring

Court of Appeals of North Carolina

Decided December 12, 1973No. 734SC789PublishedCited by 1 opinion

1Opinion of the Court

BRITT, Judge.

Appellants contend that each of them owns more than one-seventh interest in the lands and that the judgment of Judge Webb, affirmed by this court, is not res judicata in determining their interests. We reject this argument and hold that the judgment is res judicata.

In Masters v. Dunstan, 256 N.C. 520, 523-524, 124 S.E. 2d 574, 576 (1962), in an opinion by Justice Clifton L. Moore, we find:

“ Tt is fundamental that a final judgment, rendered on the merits, by a court of competent jurisdiction, is conclusive of rights, questions and facts in issue, as to the parties *185and privies, in…

2Cases cited7 opinions

  1. Masters v. DunstanSupreme Court of North Carolina · 1962
  2. Armfield v. . MooreSupreme Court of North Carolina · 1852
  3. Bryant v. . ShieldsSupreme Court of North Carolina · 1942
  4. Bryant v. ShieldsSupreme Court of North Carolina · 1942
  5. Humphrey v. FaisonSupreme Court of North Carolina · 1957

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Northwestern Bank v. RobertsonCourt of Appeals of North Carolina · 1979

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