Harris v. . Brown
Supreme Court of North Carolina
Proceeding under Section 941 of The Code to collect notes given by the defendant at a judicial sale made under an order in the case W. P. Williams, administrator of Mrs. M. M. Williams, ex parte. The heirs joined in the application for sale. Among them was an infant, Patrick H. Williams, represented by W. P. Williams, his father, the administrator and also commissioner appointed to conduct the sale.
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Proceeding under Section 941 of The Code to collect notes given by the defendant at a judicial sale made under an order in the case W. P. Williams, administrator of Mrs. M. M. Williams, ex parte. The heirs joined in the application for sale. Among them was an infant, Patrick H. Williams, represented by W. P. Williams, his father, the administrator and also commissioner appointed to conduct the sale. After the order of sale was made, but before the confirmation, one of the heirs, W. B. Withers, a petitioner, died, leaving infant heirs, who were not made parties. The sale took place in 1883 and…
1Concurrence
Montgomery, J ,
concurring: I concur in the opinion of the Court that the judgment ought to be affirmed. And this for the reason that the defendant ought to relieve himself entirely of his purchase of the land and without tendering the amount he really owed after the allowance of his counterclaim set up in his answer. The case of Everett v. Reynolds, 114 N. C., 367, does not apply in this case, in my opinion, for the reason *425that the heirs at law themselves in that case who were not parties to the proceedings at the time of the confirmation of the sale, made the motion after becoming parties to…
2Cases cited1 opinion
- Everett v. . ReynoldsSupreme Court of North Carolina · 1894