Upchurch v. . Upchurch
Supreme Court of North Carolina
Cause beard on appeal from judgment of clerk of Superior Court of Chatham, before Cox, J., presiding and bolding tEe courts 'of tbe Fourth Judicial District, February 7-10, 1917. Tbe judgment of tbe clerk was one refusing to confirm a sale of lands bad pursuant to a decree by bim duly entered, and tbe facts pertinent to tbe present appeal are very well epitomized in tbe judgment of Judge Cox, as follows: “It appearing to tbe court, and tbe court finding as a fact, that tbe…
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Cause beard on appeal from judgment of clerk of Superior Court of Chatham, before Cox, J., presiding and bolding tEe courts 'of tbe Fourth Judicial District, February 7-10, 1917. Tbe judgment of tbe clerk was one refusing to confirm a sale of lands bad pursuant to a decree by bim duly entered, and tbe facts pertinent to tbe present appeal are very well epitomized in tbe judgment of Judge Cox, as follows: “It appearing to tbe court, and tbe court finding as a fact, that tbe sale of tbe lands and timber described in tbe complaint filed in tbe cause, made by tbe commissioners herein on 5…
1Opinion of the CourtHojeus, J.
The statute bearing more particularly on the question presented, Revisal, sec. 2513, is as follows: “The court may authorize any officer thereof, or any other competent person, to be designated in the decree of sale, to sell the real estate under this proceeding; but no clerk of any court shall appoint himself or his deputy to make sale of real property or other property in any proceeding before him. Such officer or person shall file his report of sale, giving full particulars thereof, within ten days after the sale, in the office of the clerk of the Superior Court, and if no exception…
2Cases cited10 opinions
- Joyner v. Futrell.Supreme Court of North Carolina · 1904
- Va. Fire & Marine Ins. v. CottrellSupreme Court of Virginia · 1889
- Harrell v. Blythe.Supreme Court of North Carolina · 1906
- Wood Adm'r v. . Parker and OthersSupreme Court of North Carolina · 1869
- Hall v. TaylorSupreme Court of Georgia · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Beaufort County v. . BishopSupreme Court of North Carolina · 1939
- Cherry v. . GilliamSupreme Court of North Carolina · 1928
- Creech v. . WilderSupreme Court of North Carolina · 1937
- Alexander v. . BoydSupreme Court of North Carolina · 1933
- Crocker v. VannSupreme Court of North Carolina · 1926
18 more not listed; retrieve them via the Exa API.