§ 1-57. Real party in interest; grantees and assignees. - North-carolina Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-57

SUBCHAPTERIII. PARTIES.

Article 6.

Parties.

§ 1‑57. Real party ininterest; grantees and assignees.

Every action must beprosecuted in the name of the real party in interest, except as otherwiseprovided; but this section does not authorize the assignment of a thing inaction not arising out of contract. An action may be maintained by a grantee ofreal estate in his own name, when he or any grantor or other person throughwhom he derives title might maintain such action, notwithstanding theconveyance of the grantor is void, by reason of the actual possession of aperson claiming under a title adverse to that of the grantor, or other person,at the time of the delivery of the conveyance. In case of an assignment of athing in action the action by the assignee is without prejudice to any setoffor other defense, existing at the time of, or before notice of, the assignment;but this does not apply to a negotiable promissory note or bill of exchange,transferred in good faith, upon good consideration, and before maturity. (C.C.P.,s. 55; 1874‑5, c. 256; Code, s. 177; Rev., s. 400; C.S., s. 446.)

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-57

SUBCHAPTERIII. PARTIES.

Article 6.

Parties.

§ 1‑57. Real party ininterest; grantees and assignees.

Every action must beprosecuted in the name of the real party in interest, except as otherwiseprovided; but this section does not authorize the assignment of a thing inaction not arising out of contract. An action may be maintained by a grantee ofreal estate in his own name, when he or any grantor or other person throughwhom he derives title might maintain such action, notwithstanding theconveyance of the grantor is void, by reason of the actual possession of aperson claiming under a title adverse to that of the grantor, or other person,at the time of the delivery of the conveyance. In case of an assignment of athing in action the action by the assignee is without prejudice to any setoffor other defense, existing at the time of, or before notice of, the assignment;but this does not apply to a negotiable promissory note or bill of exchange,transferred in good faith, upon good consideration, and before maturity. (C.C.P.,s. 55; 1874‑5, c. 256; Code, s. 177; Rev., s. 400; C.S., s. 446.)

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State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-57

SUBCHAPTERIII. PARTIES.

Article 6.

Parties.

§ 1‑57. Real party ininterest; grantees and assignees.

Every action must beprosecuted in the name of the real party in interest, except as otherwiseprovided; but this section does not authorize the assignment of a thing inaction not arising out of contract. An action may be maintained by a grantee ofreal estate in his own name, when he or any grantor or other person throughwhom he derives title might maintain such action, notwithstanding theconveyance of the grantor is void, by reason of the actual possession of aperson claiming under a title adverse to that of the grantor, or other person,at the time of the delivery of the conveyance. In case of an assignment of athing in action the action by the assignee is without prejudice to any setoffor other defense, existing at the time of, or before notice of, the assignment;but this does not apply to a negotiable promissory note or bill of exchange,transferred in good faith, upon good consideration, and before maturity. (C.C.P.,s. 55; 1874‑5, c. 256; Code, s. 177; Rev., s. 400; C.S., s. 446.)