¶1 We think it is irregular and erroneous to vacate a-grant, without making the patentee a party, if tic is Jiving, or his heirs if lie is dead, and that an allegation of the patentee having assigned all his rights under the grant, will not dispense with the necessity of making him a party.
12 N.C. 427
Bradley v. . Souther
Supreme Court of North Carolina
Decided June 5, 1828
Supreme Court of North Carolina · decided 1828-06-05
From Rutherford. This was a petition to vacate a grant, which issued to Jlndrew and David Millet'. Thd petition charged, that the Defendants were in possession of the land covered by the grant, claiming it untier mesne conveyances from the patentees, but neither the latter nor their heirs, were made parties Defendant.
Decided 1828-06-05