Tally v. . Reed
Supreme Court of North Carolina
PbtitioN to re-hear the case as decided at January Term, 1875, of this court, and which will be found fully reported in 72 N. C. Rep., 336. The ground upon which the present petition is based, is that the decision of the court rendered at January Term, 1875. conflicted with prior decisions of the court in eases where the same principles of law were involved. The cases referred to are mentioned and commented upon in the opinion of the court at this term.
1Opinion of the CourtPearson, C. J.
When this case was before us, January Term, 1875, it was decided that Tally, a purchaser of the land at sheriff’s sale under a fi. fa. against Sossamer, did not acquire a right to the unpaid part of the purchase money. In other words, when a vendor of land retains the title to secure payment of the purchase money, a sale of the land under a ft. fa. against the vendor passes to the purchaser at sheriff’s sale only the naked legal title, and does not vest in him the right to the purchase money.
This principle seemed to us so clear that we decided the case “ upon the reason of the thing ” and did…
2Cases cited3 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Blackmer v. . PhillipsSupreme Court of North Carolina · 1872
- Moore v. . ByersSupreme Court of North Carolina · 1871
3Cited by7 opinions
- Black v. . JusticeSupreme Court of North Carolina · 1882
- Isler v. . KoonceSupreme Court of North Carolina · 1879
- Schoffner v. . FoglemanSupreme Court of North Carolina · 1864
- Threadgill v. . RedwineSupreme Court of North Carolina · 1887
- Linch v. . GibsonSupreme Court of North Carolina · 1817
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