Public-domain · open source
OpenJurist

204 N.C. 226

167 S.E 796

Guy v. . Harmon

Supreme Court of North Carolina

Decided February 22, 1933

Supreme Court of North Carolina · decided 1933-02-22

Key passage — most relied on by later courts

“Foreclosure is an equitable proceeding and the law as interpreted and applied in this State, has uniformly commanded a day in court for parties in interest.”

quoted by 2 later decisions, including Buncombe County v. . Penland, BENEFICIAL MORTGAGE CO. OF NORTH CAROLINA INC. v. Barrington

Good law ✅— No negative treatment on recordhow we know

Decided 1933-02-22

How this case has been cited

Cited by 9 later decisions — most recently May 2004

8 state decisions

3019331940195019601970198019902000decided

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 →

BbogdeN, J.

¶1 Manifestly the interest of Yirgie Harmon and ber husband, Tom Harmon, in the land has been properly divested, because the judgment is conclusive upon the said defendants to the extent of any interest they may have in the land.

¶2 The minor owners of the land were not made parties to the suit unless newspaper publication be sufficient for such purpose. Foreclosure is an equitable proceeding and the law as interpreted and applied in this State, has uniformly commanded a day in court for parties in interest. Gammon v. Johnson, 126 N. C., 64, 35 S. E., 185; Jones v. Williams, 155 N. C., 179, 71 S. E., 222; Madison County v. Coxe, ante, 58. Indeed, this Court in Hines v. Williams, 198 N. C., 420, 152 S. E., 39, in approving a judgment divesting the interest of minors in a tax foreclosure, declared: “It appears that the infant defendants and all persons having* a vested or contingent interest in the land have had their day in court.”

¶3 The plaintiff is not saved by the application of the principles enunciated in Orange County v. Wilson, 202 N. C., 425, 163 S. E., 13, for the reason the trustees of petitioners “were parties defendant and were served with process.”

¶4 Modified and Affirmed.

/204/nc/226 · .json · Public domain