Andrews v. . Pritchett .
Supreme Court of North Carolina
Civil action, (in the nature of Ejectment,) for the recovery of real estate, tried at the Fall Term, 1874, of the Superior Court of Jones county, before his Honor, Judge Seymour and a jury. The action was originally commenced against the defendant Pritchett, the tenant in possession. At Spring Term, 1878 E. G. McDaniel, claiming to be the landlord of Pritehett, woe made a party defendant upon the usual terms, when the two joined in the answer denying the plaintiff’s title.
Read the full summary
Civil action, (in the nature of Ejectment,) for the recovery of real estate, tried at the Fall Term, 1874, of the Superior Court of Jones county, before his Honor, Judge Seymour and a jury. The action was originally commenced against the defendant Pritchett, the tenant in possession. At Spring Term, 1878 E. G. McDaniel, claiming to be the landlord of Pritehett, woe made a party defendant upon the usual terms, when the two joined in the answer denying the plaintiff’s title. The plaintiff claimed title to the premises in question under a deed from the sheriff of Jones county, executed in the…
1Opinion of the CourtReads, J.
It is clearly the duty of a sheriff to conduct his sales in a prudent and just manner, so as to realize a fair price for the property sold. And if he does otherwise the sale is voidable. Yoidable by whom ? The general answer is, voidable by any person injured thereby: — by the defendant in the execution ; by the plaintiff in the execution ; by any creditor of the execution debtor. But it is equally clear, that no matter how irregular soever the sale may have been, no one can complain of it, who was consenting to it. Therefore, as against the defendant in the execution, the sale in question…
2Cited by5 opinions
- Weir v. . WeirSupreme Court of North Carolina · 1928
- McCanless v. . FlinchumSupreme Court of North Carolina · 1887
- Mebane v. . LaytonSupreme Court of North Carolina · 1883
- Williams v. Charles F. Dunn & Sons Co.Supreme Court of North Carolina · 1913
- McCanless v. . FlinchumSupreme Court of North Carolina · 1887