Oxendine v. Lewis
Cases that cite this one
5 later published cases cite this decision.
- Oxendine v. Lewis (N.C. 1960)
- North Carolina State Highway Commission v. Gamble (N.C. Ct. App. 1969)
- First-Citizens Bank & Trust Company v. Carr (N.C. 1971)
- Paschal v. Autry (N.C. 1962)
- Bank of Wadesboro v. Jordan (N.C. 1960)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Involved in this' action are apparently conflicting provisions of a deed. The court is called upon to resolve the conflict. In order that its judgment may be binding on all parties in interest and be a final termination of the controversy, the court should have before it all the heirs at law of Melinda Oxendine Hunt. The absent heirs are not bound by the judgment in a cause to which they are not parties. Our procedure requires that they be brought in and given an opportunity to be heard. Britt v. Children’s Homes, 249 N.C. 409, 106 S.E. 2d 474; Morganton v. Hutton & Bourbonnais Co., 247 N.C. 666, 101 S.E. 2d 679; Edmondson v. Henderson, 246 N.C. 634, 99 S.E. 2d 869.
The judgment of the Superior Court of Robeson County is set aside. The cause is remanded for additional parties.
Remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.