N.C. Gen. Stat. » Chapter 43
NC General Statutes

N.C. Gen. Stat. § 43-9 (2026)

Summons issued and served; disclaimer

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Summons shall be issued and shall be returnable as in other cases of special proceedings, except that the return shall be at least 60 days from the date of the summons. The summons shall be served at least 10 days before the return thereof and the return recorded in the same manner as in other special proceedings; and all parties under disabilities shall be represented by guardian, either general or ad litem. If the persons named as interested are not residents of the State of North 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 for service of summons on nonresidents.

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

 

Notes of Decisions
Cited in 2 cases, 1971–1979 · leading case: State v. Johnson, 179 S.E.2d 371 (N.C. 1971).
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State v. Johnson, 179 S.E.2d 371 (N.C. 1971). · cites it 3× “G.S. § 43-9. The clerk is required, at the time of issuing the summons, to publish a notice of filing of the petition in some secular newspaper published in the county wherein the land is situate, once a week for eight issues of such paper.”
Richmond Cedar Works v. Farmers Mfg. Co., 254 S.E.2d 673 (N.C. Ct. App. 1979). “— In addition to the summons issued, prescribed in the foregoing section [§ 43-9], the clerk of the court shall, at the time of issuing such summons, publish a notice of the filing thereof containing the names of the petitioners, the names of all persons named in the petition,…”
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