MOORE v. LEWIS

No. 174.

108 S.E.2d 26 (1959)

250 N.C. 77

Flora Trudy MOORE (Widow), Carrie Moore and husband, et al., v. Daniel LEWIS and wife, Lillie Lewis, et al.

Supreme Court of North Carolina.

April 8, 1959.


Attorney(s) appearing for the Case

Taylor & Mitchell, Raleigh, for defendant-appellant.

Clark, Clark & Grady, Elizabethtown, for appellees Turnell and Morgan.

Corbett & Fisler, Burgaw, and Isaac C. Wright, Wilmington, amici curiae.


RODMAN, Justice.

The motions to set aside the orders of sale and confirmation are based on these assertions: (1) Daniel Lewis was at all times competent to manage his affairs; hence the order appointing a guardian to act for him was invalid, rendering all subsequent proceedings void. (2) The heirs of Willie Lewis had not been properly served with process and, as they were necessary parties, the court was without power to...

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