Welch v. . Welch

The appeal raises the two questions whether the clerk’s judgment was void or irregular and if irregular whether the appellant was an innocent purchaser for value without notice.

Under the practice which prevailed before 1868 a judgment in a special proceeding would not be set aside upon the application of a minor who had not been served with process if a guardian ad litem had been appointed to defend his interests and in good faith had made a defense in his behalf. Hare v. Hollomon, 94 N. C., 14. It was the general practice, loose as it was common, to apply for the appointment of a guardian ad…