Beckwith v. . Mining Co.
Supreme Court of North Carolina
MotioN to set aside a sale of lands, made under an execution, heard at July Special Terra, 1882, of Gaston Superior Court, before Qudger, J. The execution issued under a judgment which the plaintiff of record recovered in the superior court against the defendant, (The King’s Mountain Mining Companj^) for the sum of $2,7.11.72. In the judgment, after premising that the defendant was a corporation, and had given a mortgage upon all its property within the state, but that the…
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MotioN to set aside a sale of lands, made under an execution, heard at July Special Terra, 1882, of Gaston Superior Court, before Qudger, J. The execution issued under a judgment which the plaintiff of record recovered in the superior court against the defendant, (The King’s Mountain Mining Companj^) for the sum of $2,7.11.72. In the judgment, after premising that the defendant was a corporation, and had given a mortgage upon all its property within the state, but that the plaintiff’s debt existed prior thereto, it was declared by the court that the said debt should constitute the first lien…
1Opinion of the CourtRuffin, J.
If His Honor had entertained the plaintiff’s motion, and in the exercise of a legal discretion refused it upon'the ground that he did not under the circumstances of the case regard the inadequate price bid a sufficient reason for disturbing the sale, this court would in all probability have felt itself bound to concur in that decision. As a general thing, mere inadequacy of consideration, standing alone and disconnected with any circumstance of fraud or surprise, is not a sufficient cause for setting aside a sale under execution. Sucn is the rule now generally adopted in the courts, and,…
2Cited by9 opinions
- Weir v. . WeirSupreme Court of North Carolina · 1928
- Williams v. . DunnSupreme Court of North Carolina · 1912
- McCanless v. . FlinchumSupreme Court of North Carolina · 1887
- Davis v. Federal Land BankSupreme Court of North Carolina · 1940
- Cole County v. MaddenSupreme Court of Missouri · 1887
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