State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_43 > GS_43-10

§43‑10.  Notice of petition published.

In addition to the summonsissued, prescribed in the foregoing section [§ 43‑9], the clerk of thecourt shall, at the time of issuing such summons, publish a notice of thefiling thereof containing the names of the petitioners, the names of allpersons named in the petition, together with a short but accurate descriptionof the land and the relief demanded, in some secular newspaper published in thecounty wherein the land is situate, and having general circulation in thecounty; and if there be no such paper, then in a newspaper in the countynearest thereto and having general circulation in the county wherein the landlies, once a week for eight issues of such paper. The notice shall set forththe title of the cause and in legible or conspicuous type the words "Towhom it may concern," and shall give notice to all persons of the reliefdemanded and the return day of the summons: Provided, that no final order orjudgment shall be entered in the cause until there is proof and adjudication ofpublication as in other cases of publication of notice of summons. Theprovisions of this section, in respect to the issuing and service of summonsand the publication of the notice, shall be mandatory and essential to thejurisdiction of the court to proceed in the cause: Provided, that the recitalof the service of summons and publication in the decree or in the finaljudgment in the cause, and in the certificate issued to the petitioner ashereinafter provided, shall be conclusive evidence thereof. The clerk of thecourt shall also record a copy of said notice in the lis pendens docket of hisoffice and cross‑index same as other notices of lis pendens and shallalso certify a copy thereof to the superior court of each county in which anypart of said land lies, and the clerk thereof shall record and cross‑indexsame in the lis pendens records of his office as other notices of lis pendensare recorded and cross‑indexed. (1913, c. 90, s. 7; 1915, c.128, s. 1; 1919, c. 82, s. 2; C.S., s. 2386; 1925, c. 287.)