Brown v. . Coble
Supreme Court of North Carolina
Praetiee — Sale Under Decree of Court — Description of Land — Joinder of Action. Civil Action, tried at Spring Term, 1876, of G-uiliobj» Superior Court, before Kerr, J. This suit was instituted to recover a tract of land, which had been sold by the late Clerk and Master, under a Decree* of the late Court of Equity for said County, made at Fall Term, 1862, in a proceeding for partition, on a credit of twelve months, when one W. E. Goley became the purchaser at $1,575 and gave…
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Praetiee — Sale Under Decree of Court — Description of Land — Joinder of Action. Civil Action, tried at Spring Term, 1876, of G-uiliobj» Superior Court, before Kerr, J. This suit was instituted to recover a tract of land, which had been sold by the late Clerk and Master, under a Decree* of the late Court of Equity for said County, made at Fall Term, 1862, in a proceeding for partition, on a credit of twelve months, when one W. E. Goley became the purchaser at $1,575 and gave bond and security for the payment-thereof. The money — Confederate currency — was paid before it was due and thereupon…
1Opinion of the CourtRodMAN, J.
It is argued for the plaintiffs that Goley who purchased at the sale by the Master on 13th December, 1862, acquired no title, because the Court of Equity never ordered the purchase money to be collected and never ordered a deed to be made to the purchaser.
1. When a Court orders a sale on a certain credit, as of twelve months in this case, and a sale is so made and the bond of the purchaser is taken payable at the end of the credit given, and the sale is confirmed, the Master is authorized by a necessary implication to receive the money when it falls due; for it is the right of every debtor to…
2Cases cited1 opinion
- Dockery v. . French .Supreme Court of North Carolina · 1875
3Cited by23 opinions
- Dorr v. School District No. 26Supreme Court of Arkansas · 1882
- Joyner v. Futrell.Supreme Court of North Carolina · 1904
- Dickens v. . BarnesSupreme Court of North Carolina · 1878
- Stewart v. . CarySupreme Court of North Carolina · 1941
- Blow v. . VaughanSupreme Court of North Carolina · 1890
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