Clement v. Ireland.
Supreme Court of North Carolina
ActioN by W. R. Clement and others against H. B. Ireland and wife, heard by Judge W. R. Allen, by consent, at WiNstoN in March, 1904. Ujion the defendant’s motion to set aside a judgment or order of confirmation of sale made in this cause at October Term, 1902, by Judge W. E .Neal, the Judge then presiding in the Superior Court of Davie County.
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ActioN by W. R. Clement and others against H. B. Ireland and wife, heard by Judge W. R. Allen, by consent, at WiNstoN in March, 1904. Ujion the defendant’s motion to set aside a judgment or order of confirmation of sale made in this cause at October Term, 1902, by Judge W. E .Neal, the Judge then presiding in the Superior Court of Davie County. Erom the order of Judge Allen, refusing to set aside the decree of confirmation made by Judge Neal, the defendants appealed to this Court.
1Opinion of the CourtBrown, J.
This cause was before this court at August Term, 1901, and is reported in 129 N. C., at page 220. The appeal then heard was from an order of Timberlake, J., setting aside a decree confirming a foreclosure sale of the land described in the pleadings, which had been made by Robinson, J. The decree was set aside and the judgment affirmed by this Court upon the ground of excusable neglect and irregularity. The irregularity consisted in the fact that the sale had been made at the same term of court when it was confirmed, and that sufficient time had not elapsed between the making of the sale and…
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