Prudential Ins. Co. v. Berry

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is an action, by the owner of real estate situated in this State, to enforce the performance of an alleged contract by which he agreed to sell and the defendant agreed to buy the property. The defendant is a resident of North Carolina, and the issue is whether the Court has acquired jurisdiction of the action by publication of the summons and personal service upon, the defendant in North Carolina. If the relations of the parties had been reversed (the nonresident being the owner and the plaintiff the proposed buyer), there…