The court in which the said action was commenced may, at any time after it is settled, discontinued or abated, on application of any person aggrieved, on good cause shown, and on such notice as is directed or approved by the court, order the notice authorized by this Article to be cancelled of record, by the clerk of any county in whose office the same has been filed or recorded; and this cancellation must be made by an endorsement to that effect on the margin of the record, which shall refer to the order. (C.C.P., s. 90; Code, s. 229; Rev., s. 463; C.S., s. 504.)
§ 1-120.1. Article applicable to suits in federal courts.
The provisions of this Article shall apply to suits affecting the title to real property in the federal courts. (1945, c. 857.)
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1965–2023 · leading case:
Gilley v. Shoffner, 345 F. Supp. 2d 563 (M.D.N.C. 2004).
Gilley v. Shoffner, 345 F. Supp. 2d 563 (M.D.N.C. 2004).
· cites it 5× “N.C. Gen.Stat. § 1-120 (providing that the court in which the action was commenced may “on good cause shown” order the notice of lis pen-dens to be cancelled of record); In re Tara of North Hills, 84 B.”
Cutter v. Cutter Realty Co., 144 S.E.2d 882 (N.C. 1965).
“” *668 The provisions of G.S. 1-120 with reference to cancellation of a notice of lis pendens are applicable to the cancellation of a valid notice.”
Cowart v. Whitley, 251 S.E.2d 627 (N.C. Ct. App. 1979).
“” G.S. 1-120. The result of plaintiff’s timely appeal is that his litigation is still pending.”
Willard v. Barger, 2020 NCBC 72 (N.C. Bus. Ct. 2020).
· cites it 6× “They do not seek to transfer or otherwise directly affect the Estate’s title to any real property through the claims asserted in the Complaint.”
Williams v. The Estates LLC (M.D.N.C. 2023).
· cites it 3× “N.C. Gen. Stat. § 1-120 . All parties implicitly agree that if the /is pendens is valid, then Ms.”
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