Blankenship v. Price
Court of Appeals of North Carolina
Appeal by plaintiffs from Walker, Judge. Order entered 22 January 1975 in Superior Court, Iredell County (case transferred by consent from Alexander County). Heard in the Court of Appeals 10 June 1975. Action for trespass on real property and to establish the true boundary line between plaintiffs’ land and contiguous land of the defendants.
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Appeal by plaintiffs from Walker, Judge. Order entered 22 January 1975 in Superior Court, Iredell County (case transferred by consent from Alexander County). Heard in the Court of Appeals 10 June 1975. Action for trespass on real property and to establish the true boundary line between plaintiffs’ land and contiguous land of the defendants. On plaintiffs’ motion the court appointed a surveyor to survey the contentions of the parties and to prepare a map thereof for the court. This was done, and thereafter all parties and their attorneys signed a consent judgment dated 29 July 1974 in which…
1Opinion of the Court
PARKER, Judge.
[1] A consent judgment is the contract of the parties entered upon the records of a court of competent jurisdiction with its sanction and approval. King v. King, 225 N.C. 639, 35 S.E. 2d 893 (1945). Being a contract, it cannot be changed without the consent of the parties or set aside except upon proper allegation and proof that consent was not in fact given or that it was obtained by fraud or mutual mistake, the burden being upon the party attacking the judgment. 5 Strong, N. C. Index 2d, Judgments, § 21, pp. 41, 42. Here, no question is raised that plaintiffs’ consent was not…
2Cases cited8 opinions
- Keen v. ParkerSupreme Court of North Carolina · 1940
- Keen v. . ParkerSupreme Court of North Carolina · 1940
- King v. . KingSupreme Court of North Carolina · 1945
- Overton v. OvertonSupreme Court of North Carolina · 1963
- Ledford v. . LedfordSupreme Court of North Carolina · 1948
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Howell v. WatersCourt of Appeals of North Carolina · 1986
- Nickels v. NickelsCourt of Appeals of North Carolina · 1981
- In Re Will of BaityCourt of Appeals of North Carolina · 1983
- Cox v. CoxCourt of Appeals of North Carolina · 1979
- Stevenson v. StevensonCourt of Appeals of North Carolina · 1990
1 more not listed; retrieve them via the Exa API.