Opinion

Henderson County v. Johnson

  • 230 N.C. 723
  • 55 S.E.2d 502
  • 1949 N.C. LEXIS 447
Court
Supreme Court of North Carolina
Filed
Oct 12, 1949
Status
Published
Author
Stacy
On the bench
Stacy
Cited by
8 cases
Authority
More cited than 81.1%

validity of service in tax certificate foreclosure

How later courts described this case

  • validity of service in tax certificate foreclosure

Written by the judges who cited it.

The opinion

Stacy, C. J.

The question for decision is the sufficiency of the-record to support the judgment. There are no exceptions to any of the findings of fact. Hence, only the face of the record is presented for inspection and review.

In re Collins,

226 N.C. 412 , 38 S.E. 2d 160 ;

Wilson v. Robinson,

224 N.C. 851 , 32 S.E. 2d 601 ;

Vestal v. Vending Machine Co.,

219 N.C. 468 , 14 S.E. 2d 427 ;

Brown v. Truck Lines,

227 N.C. 65 , 40 S.E. 2d 476 ;

Harney v. Comrs. of McFarlan,

229 N.C. 71 , 47 S.E. 2d 535 ;

Rhodes v. Asheville,

229 N.C. 355 , 49 S.E. 2d 638 ;

Parker v. University, ante,

656.

In addition to the facts found by the Judge, which are fortified by recitals in the judgment and the commissioner’s deed,

Powell v. Turpin,

224 N.C. 67 , 29 S.E. 2d 26 ;

Everett v. Newton, 118

N.C. 919, 23 S.E. 961 , G.S. 98-16, the regularity of the proceeding is further supported by the principle

omnia rite acta praesumuniur. Williamson v. Spivey,

224 N.C. 311 , 30 S.E. 2d 46 ;

Downing v. White,

211 N.C. 40 , 188 S.E. 815 ;

Starnes v. Thompson,

173 N.C. 466 , 92 S.E. 259 ;

S. v. Mann,

219 N.C. 212 , 13 S.E. 2d 247 . “A

prima facie

presumption of rightful jurisdiction arises from the fact that a court of general jurisdiction has acted in the matter.”

Williamson v. Spivey, supra; Graham v. Floyd,

214 N.C. 77 , 197 S.E. 873 ;

S. v. Adams,

213 N.C. 243 ,

195

S.E. 822 .

*725

On the record as presented, no exceptive assignment of error is revealed which would seem to call for a disturbance of the judgment.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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