Edney v. . Edney
Supreme Court of North Carolina
PetitioN filed before the clerk and tried, upon issues, joined, at Fall Term, 1878, of Henderson Superior Court, before Avery, J. This was a petition filed by Rufus Edney, administrator of B. M. Edney, for a license to sell the real estate of his intestate, including a tract called the “ Myers farm,’' and was begun by summons returnable in the office of the clerk of the superior court of Henderson- county, and after all ¿he heirs at law of the intestate were regularly made…
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PetitioN filed before the clerk and tried, upon issues, joined, at Fall Term, 1878, of Henderson Superior Court, before Avery, J. This was a petition filed by Rufus Edney, administrator of B. M. Edney, for a license to sell the real estate of his intestate, including a tract called the “ Myers farm,’' and was begun by summons returnable in the office of the clerk of the superior court of Henderson- county, and after all ¿he heirs at law of the intestate were regularly made parties- •and issues of fact joined in the pleadings, the cause was ■transferred to the docket of the superior court for…
1Opinion of the CourtDillard, J.
(After stating the case.) We Concur in the judgment of His Honor. In- sales under a decree of the court, a sale made by a commissioner appointed for that purpose ascertains a proposer merely on the terms specified in the decree, and on compliance with the terms of sale he acquires the right to be reported to court on his proposal, and when the report is made and a confirmation is adjudged by the court the bargain is struck and each party then occupies the status, to be entitled to have a specific execution of the contract as against the other, that is to say, the vendors, or holders of the…
2Cases cited1 opinion
- Shields v. . AllenSupreme Court of North Carolina · 1877
3Cited by7 opinions
- Edney v. . EdneySupreme Court of North Carolina · 1879
- Farmer v. . DanielSupreme Court of North Carolina · 1880
- Dickens v. . LongSupreme Court of North Carolina · 1891
- Grimes v. . TaftSupreme Court of North Carolina · 1887
- Burgin v. . BurginSupreme Court of North Carolina · 1880
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