Rogerson v. . Leggett
Supreme Court of North Carolina
Civil aotioN, tried before W. B. Allen, and a jury, May Term, 1907, of the Superior Court of Beaufort County. The title to- the land in controversy was, on and prior to 12 August, 1856, in Patsy Dudley for life, remainder to J. C. Rogerson and W. 0. Rogerson. On said day J. 0. Rogerson executed to Hosea Dudley a power of attorney, under seal, authorizing him to sell and convey his interest in the land. Said power of attorney was duly registered.
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Civil aotioN, tried before W. B. Allen, and a jury, May Term, 1907, of the Superior Court of Beaufort County. The title to- the land in controversy was, on and prior to 12 August, 1856, in Patsy Dudley for life, remainder to J. C. Rogerson and W. 0. Rogerson. On said day J. 0. Rogerson executed to Hosea Dudley a power of attorney, under seal, authorizing him to sell and convey his interest in the land. Said power of attorney was duly registered. W. 0. Rogerson, prior thereto, had conveyed to said Hosea his one-half interest. On the same day, to-wit, 12 August, 1856, the said Hosea Dudley,…
1Opinion of the Court
CONNOR, I.,
after stating the case: In' the view which we take of this appeal, the failure on the part of the plaintiffs to cause notice to issue and be served upon defendant, Council Leggett, within one year after the death of his .ancestor, becomes immaterial. We concur with the plaintiffs’ counsel that, upon the record, there could be no discontinuance. This occurs only when the summons has not been served. Revisal, secs. 437 and 438, provides for such cases. This case is controlled by section 415 (1). While, as held in Burnett v. Lyman, 141 N. C., 500, the statute is not “automatic,” and a…
2Cases cited3 opinions
- Farmer v. . DanielSupreme Court of North Carolina · 1880
- Burnett v. Lyman.Supreme Court of North Carolina · 1906
- Hauser v. . ShoreSupreme Court of North Carolina · 1848
3Cited by9 opinions
- Bagalay v. Lahaina Restoration FoundationHawaii Supreme Court · 1978
- McGuire v. Montvale Lumber Co.Supreme Court of North Carolina · 1925
- Haas v. RendlemanCourt of Appeals for the Fourth Circuit · 1933
- Moore v. . MooreSupreme Court of North Carolina · 1909
- Robinson v. . DaughtrySupreme Court of North Carolina · 1916
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