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LYNCH v. LYNCH

No. 847SC863.

329 S.E.2d 415 (1985)

Alexander LYNCH, unmarried v. Josephine LYNCH, unmarried, Florene L. Lynch and husband, Kinzie Lynch, Stella L. Richardson, widow, Annie L. Stallings and husband James Stallings, Perry M. Lynch and wife, Zulene Lynch, John N. Lynch and wife, Magnolia Lynch, Violet Battle Marshall, unmarried, Emma Battle Brown and husband, Fred Brown, Matthew A. Battle, unmarried, Annie Battle Bulluck and husband, Garland Bulluck, Samuel Battle and wife, Laura Battle, James Edward Mitchell, unmarried, Jimmy R. Mitchell and wife, Lillian Mitchell, Joseph Lee Mitchell and wife, Bessie Mae Mitchell, Willie L. Mitchell and wife, Mary Mitchell, Ernestine Mitchell, unmarried, Dorothene M. Hunter and husband, David Hunter, Ellawese Harris Walker and husband, Freddie D. Walker, William E. Harris, unmarried, Euzelia H. Johnson and husband, Auttie Johnson, Lonnie F. Harris and wife, Ruth Harris, Ruth H. Slade, unmarried, Estella H. Connor, and husband, Peter Connor, Margaret H. Sargent and husband, Robert Sargent, and Fletcher Harris and wife, Martha Harris.

Court of Appeals of North Carolina.

May 7, 1985.

Attorney(s) appearing for the Case

James W. Keel, Jr., Rocky Mount, for petitioner.

Cedric R. Perry, Rocky Mount, for respondents.

WELLS, Judge.

Although respondents filed their motion pursuant to N.C.Gen.Stat. § 1A-1, Rule 60(b)(1), (3) and (6) of the Rules of Civil Procedure, for reasons which we later state, the clerk and trial court should have considered respondents' motion under the provisions of Rule 60(b)(4) of the Rules of Civil Procedure, which empowers the trial court to set aside void judgments.

In their motion to the Clerk, respondents clearly alleged grounds for voiding...

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