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HOWARD v. BOYCE

No. 33.

122 S.E.2d 601 (1961)

255 N.C. 712

Frances Badham HOWARD; Fannie Badham; Bessie B. Small; Sidney Badham; Miles Badham; Penelope Overton; Alexander Badham; Charity Badham; Charles Badham; Sadie B. Hawkins; Pauline B. Turner; Frank Badham; James (Janie) Badham, and all other Heirs at Law of Hannibal Badham, deceased, v. Lonnie BOYCE.

Supreme Court of North Carolina.

November 22, 1961.

Attorney(s) appearing for the Case

Samuel S. Mitchell, Raleigh, Roy Conrad Boddie, Rocky Mount, Chance, Mitchell & Wells, New York City, for plaintiff-appellant.

Pritchett & Cooke, Windsor, and Weldon A. Hollowell, Edenton, for defendant-appellee.

RODMAN, Justice.

Appellant has made no motion to vacate the judgment rendered in 1945, nor have any parties named as plaintiffs made such a motion except movants Penelope Overton and Alexander Badham. The only parties before the court seeking an adjudication of their rights at the May 1961 Term were movants Overton, Badham, and respondent Boyce. Their appearance, voluntary or by process duly issued and served, authorized the court to determine their rights inter...

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