Legal Opinion

Lea v. Dudley

Court of Appeals of North Carolina

Decided February 20, 1974No. 731SC738PublishedCited by 7 opinions

1Opinion of the Court

CAMPBELL, Judge.

It is accepted law in North Carolina that the courts of one state cannot determine title to real property located in another state. McRary v. McRary, 228 N.C. 714, 47 S.E. 2d 27 (1948); Noble v. Pittman, 241 N.C. 601, 86 S.E. 2d 89 (1955); Fall v. Eastin, 215 U.S. 1, 30 S.Ct. 3, 54 L.Ed. 65 (1909). Therefore, any part of the Virginia decree which attempted to determine ultimate title to North Carolina real estate is void.

However, a court of competent jurisdiction in the state of incorporation with all necessary parties properly before it in an action for the dissolution of a…

2Cases cited20 opinions

  1. Fall v. EastinSupreme Court of the United States · 1909
  2. Mobley v. . GriffinSupreme Court of North Carolina · 1889
  3. McElreath v. McElreathTexas Supreme Court · 1961
  4. McRary v. . McRarySupreme Court of North Carolina · 1948
  5. Lyle Cashion Company v. McKendrickMississippi Supreme Court · 1956

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3Cited by7 opinions

  1. Andre v. MorrowIdaho Supreme Court · 1984
  2. Courtney v. CourtneyCourt of Appeals of North Carolina · 1979
  3. Fisher v. Virginia Electric and Power Co.District Court, E.D. Virginia · 2003
  4. Kirstein v. KirsteinCourt of Appeals of North Carolina · 1983
  5. Brothers v. HowardCourt of Appeals of North Carolina · 1982

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

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