State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_43 > GS_43-9

§43‑9.  Summons issued and served; disclaimer.

Summons shall be issued andshall be returnable as in other cases of special proceedings, except that thereturn shall be at least 60 days from the date of the summons. The summonsshall be served at least 10 days before the return thereof and the returnrecorded in the same manner as in other special proceedings; and all partiesunder disabilities shall be represented by guardian, either general or adlitem. If the persons named as interested are not residents of the State ofNorth Carolina, and their residence is known, which must appear by affidavit,the summons must be served on such nonresidents as is now prescribed by law forservice of summons on nonresidents.

Any party defendant to suchproceeding may file a disclaimer of any claim or interest in the land describedin the petition, which shall be deemed an admission of the allegations of thepetition, and the decree shall bar such party and all persons thereafterclaiming under him, and such party shall not be liable for any costs orexpenses of the proceeding except such as may have been incurred by reason ofhis delay in pleading. (1913, c. 90, s. 6; C.S., s. 2385; 1967, c. 954, s.3.)