41-10. Titles quieted.
An action may be brought by any person against another who claims an estate or interest in real property adverse to him for the purpose of determining such adverse claims; and by any man or woman against his or her wife or husband or alleged wife or husband who have not lived together as man and wife within the two years preceding, and who at the death of such plaintiff might have or claim to have an interest in his or her estate, and a decree for the plaintiff shall debar all claims of the defendant in the property of the plaintiff then owned or afterwards acquired: Provided, that no such relief shall be granted against such husband or wife or alleged wife or husband, except in case the summons in said action is personally served on such defendant.
If the defendant in such action disclaim in his answer any interest or estate in the property, or suffer judgment to be taken against him without answer, the plaintiff cannot recover costs. In any case in which judgment has been or shall be docketed, whether such judgment is in favor of or against the person bringing such action, or is claimed by him, or affects real estate claimed by him, or whether such judgment is in favor of or against the person against whom such action may be brought, or is claimed by him, or affects real estate claimed by him, the lien of said judgment shall be such claim of an estate or interest in real estate as is contemplated by this section. (1893, c. 6; 1903, c. 763; Rev., s. 1589; 1907, c. 888; C.S., s. 1743.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 1 - Survivorship Rights and Future Interests.
§ 41-1 - Fee tail converted into fee simple.
§ 41-2.1 - Right of survivorship in bank deposits created by written agreement.
§ 41-2.2 - Joint ownership of securities.
§ 41-2.5 - Recodified as G.S41-56(d) by Session Laws 2020-50, s1(b), effective June 30, 2020.
§ 41-3 - Survivorship among trustees.
§ 41-4 - Limitations on failure of issue.
§ 41-5 - Unborn infant may take by deed or writing.
§ 41-6 - "Heirs" construed to be "children" in certain limitations.
§ 41-6.1 - Meaning of "next of kin."
§ 41-6.2 - Doctrine of worthier title abolished.
§ 41-6.3 - Rule in Shelley's case abolished.
§ 41-6.4 - Rule in Dumpor's Case abolished.
§ 41-6.5 - Common-law rule against perpetuities abolished.
§ 41-7 - Possession transferred to use in certain conveyances.
§ 41-8 - Collateral warranties abolished; warranties by life tenants deemed covenants.
§ 41-10.1 - Trying title to land where State claims interest.
§ 41-11 - Sale, lease or mortgage in case of remainders.
§ 41-11.2 - Sale of standing timber; life estate.
§ 41-12 - Sales or mortgages of contingent remainders validated.
§ 41-13 - Freeholders in petition for special taxes defined.