§ 35A-1328 – Appeal; removal to superior court.
35A-1328. Appeal; removal to superior court. Any person made a party may appeal from any order of the clerk; or may, when the pleadings are finished, require that all further proceedings shall be had in the superior court. (R.C., c. 57, s. 15; Code, s. 1683; Rev., s. 1906; C.S., s. 2302; 1987, c. 550, […]
§ 35A-1329 – Advancements only when incompetence permanent.
35A-1329. Advancements only when incompetence permanent. No such application shall be allowed under this Article but in cases of such permanent and continued incompetence as that the incompetent person shall be judged by the clerk to be incapable, notwithstanding any lucid intervals, to make advancements with prudence and discretion. (R.C., c. 57, s. 16; Code, […]
§ 35A-1330 – Orders suspended upon restoration of competence.
35A-1330. Orders suspended upon restoration of competence. Upon such incompetent person’s being restored to competence, every order made for advancements shall cease to be further executed, and his estate shall be discharged of the same. (R.C., c. 57, s. 17; Code, s. 1685; Rev., s. 1908; C.S., s. 2304; 1987, c. 550, ss. 3, 3.2.)
§ 35A-1307 – Spouse of incompetent husband or wife entitled to special proceeding for sale of real property.
35A-1307. Spouse of incompetent husband or wife entitled to special proceeding for sale of real property. Every married person whose husband or wife is adjudged incompetent and is confined in a mental hospital or other institution in this State, and who was living with the incompetent spouse at the time of commitment shall, if he […]
§ 35A-1310 – Where one spouse or both incompetent; special proceeding before clerk.
35A-1310. Where one spouse or both incompetent; special proceeding before clerk. In all cases where a husband and wife shall be seized of property as an estate by the entireties, and the wife or the husband or both shall be or become mentally incompetent to execute a conveyance of the estate so held, and the […]
§ 35A-1311 – General law applicable; approved by judge.
35A-1311. General law applicable; approved by judge. The proceedings herein provided for shall be conducted under and shall be governed by laws pertaining to special proceedings, and it shall be necessary for any sale or mortgage or other conveyance herein authorized to be approved by a superior court judge who has jurisdiction pursuant to G.S. […]
§ 35A-1312 – Proceeding valid in passing title.
35A-1312. Proceeding valid in passing title. Any mortgage, deed, or deed of trust executed under authority of this Article by a regularly conducted special proceeding as provided shall have the force and effect of passing title to said property to the same extent as a deed executed jointly by husband and wife, where both are […]
§ 35A-1313 – Clerk may direct application of funds; purchasers and mortgagees protected.
35A-1313. Clerk may direct application of funds; purchasers and mortgagees protected. In all cases conducted under this Article it shall be competent for the court, in its discretion, to direct the application of funds arising from a sale or mortgage of such property in such manner as may appear necessary or expedient for the protection […]
§ 35A-1314 – Prior sales and mortgages validated.
35A-1314. Prior sales and mortgages validated. Any and all special proceedings under which estates by the entireties have been sold or mortgaged prior to March 5, 1935, under circumstances contemplated in this Article are hereby in all respects ratified and confirmed, provided that such proceeding or proceedings are otherwise regular and conformable to law. (1935, […]
§ 35A-1302 – Procedure when real estate lies in county in which guardian does not reside.
35A-1302. Procedure when real estate lies in county in which guardian does not reside. In all cases where a guardian is appointed under the authority of Chapter 35A and such guardian applies to the court for an order to sell, mortgage, or exchange all or part of his ward’s real estate, and such real estate […]