Hopkins v. . Swain

We do not think that any of the exceptions and assignments of error made by plaintiff can be sustained. In the record, we find: The report of sale, the motion before the clerk to order a resale, the order of resale, the complaint by plaintiff for specific performance, notice of lis pendens by plaintiff, answer of defendant. The following notice was served on plaintiff: “The plaintiff is hereby notified that the defendant will, on 10 February, 1934, at 4:00 o’clock p.m., move before his Honor, Walter L. Small, at Elizabeth City, N. 0., to vacate the sale heretofore held on 19 December, 1933,…