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115 N.C. 700

20 S.E 172

Summers v. . Moore

Supreme Court of North Carolina

Decided September 5, 1894

Supreme Court of North Carolina · decided 1894-09-05

PetitioN to rehear the case between the same parties decided at September Term, 1893, of this Court, and reported in 113 N. C. Reports, page 394.

Good law ✅— No negative treatment on recordhow we know

Decided 1894-09-05

How this case has been cited

Cited by 3 later decisions — most recently May 1950

3 state decisions

101894190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Clark, J.':

¶1 It is true, as contended that as to the substituted ten acres the heirs of the wife should be parties defendant to bind them.' If these same defendants, heirs of the husband, are, as is probable, the heirs of the wife also, they have no cause to complain. If, on the contrary, the heirs of the wife are not the same persons as the heirs of the husband, the latter cannot complain. The heirs of the wife, if not parties, are not bound by the judgment. They can still institute independent proceedings if they desire.

¶2 Petition Dismissed.

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