Thomas v. Thomas

WELLS, Judge.

Plaintiff has brought forth numerous assignments of error, but when carefully distilled they reduce to two basic aspects of the trial court’s order. The first is the question of whether the parties plaintiff were properly joined and constituted under G.S. 1A-1, Rule 25. The second is whether the divorce decree should have been set aside for insufficient or fraudulent service of process.

The question of parties breaks down into two parts: (1) whether the executor of George Thomas was properly substituted; and (2) whether the heirs of George Thomas are necessary parties. G.S. 1A-1,…