Wood v. . Fauth
Supreme Court of North Carolina
1Opinion of the CourtDevin, J.
This partition proceeding having been transferred to the civil issue docket of the Superior Court, confirmation of the sale was a matter for the judge. Dixon v. Osborne, 201 N. C., 489, 160 S. E., 579. The reported sale on the bid of Mary C. Fauth was duly confirmed by the judge at term. This conferred upon her certain rights of which she could not be summarily deprived. Upon failure to comply promptly with her bid the proper procedure was by rule to show cause. A reasonable time within which to pay before vacating the sale and confirmation and ordering another sale should have been allowed,…
2Cases cited8 opinions
- Dixon v. . OsborneSupreme Court of North Carolina · 1931
- Mebane v. . MebaneSupreme Court of North Carolina · 1879
- Hudson v. . CobleSupreme Court of North Carolina · 1887
- Marsh v. . NimocksSupreme Court of North Carolina · 1898
- Pettillo, Ex ParteSupreme Court of North Carolina · 1879
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3Cited by2 opinions
- Fisher v. MisenheimerCourt of Appeals of North Carolina · 1974
- Galloway v. HesterSupreme Court of North Carolina · 1958