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LUDWIG v. HART

No. 781SC363.

252 S.E.2d 270 (1979)

40 N.C. App. 188

Everett A. LUDWIG and wife, Barbara A. Ludwig v. Malcolm S. HART and wife, Doris Ann Hart.

Court of Appeals of North Carolina.

March 6, 1979.

Attorney(s) appearing for the Case

White, Hall, Mullen, Brumsey & Small by Gerald F. White and John H. Hall, Jr., Elizabeth City, for plaintiffs-appellees.

Leroy, Wells, Shaw, Hornthal, Riley & Shearin, P. A. by John G. Gaw, Jr., Kitty Hawk, for defendants-appellants.

MITCHELL, Judge.

The defendants first contend that the failure of the plaintiffs to join the trustee in the deed of trust as a party to this action renders the judgment of foreclosure void. G.S. 1A-1, Rule 19(a) requires that a person must be joined as a party to an action if that person is "united in interest" with another party to the action. A person is "united in interest" with another party when that person's presence is necessary in order for the court to determine...

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