In re Sale of Sermon's Land
Supreme Court of North Carolina
MotioN to relieve a bidder from obligation to buy land, beard on appeal from clerk of tbe Superior Court before bis Honor, Devin, J., bolding tbe courts of tbe Eiftb Judicial District on 24 May, 1921. From tbe facts properly presented it was made to appear tbat R. L. Sermons and wife having executed a mortgage witb power of sale to H. L. Sermons, of date 12 September, 1919, to secure three promissory notes aggregating $3,200. Tbe mortgagee, for valuable consideration, duly…
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MotioN to relieve a bidder from obligation to buy land, beard on appeal from clerk of tbe Superior Court before bis Honor, Devin, J., bolding tbe courts of tbe Eiftb Judicial District on 24 May, 1921. From tbe facts properly presented it was made to appear tbat R. L. Sermons and wife having executed a mortgage witb power of sale to H. L. Sermons, of date 12 September, 1919, to secure three promissory notes aggregating $3,200. Tbe mortgagee, for valuable consideration, duly assigned said notes and mortgage and tbe land conveyed to Merchants Bank of Kinston, N. 0., by assignment under seal,…
1Opinion of the Court
Hoee, J.,
after stating the case: Chapter 54,'Section 2591, Consolidated Statutes, is as follows: “In the foreclosure of mortgages or deeds of trust on real estate, or in the ease of public sale of real estate by an executor, administrator, or administrator with the will annexed, or by a person by virtue of the power contained in a will, the sale shall not be deemed to be closed under ten days. If in ten days from the date of the sale, the sale price is increased ten per cent where the price does not exceed five hundred dollars, and five per cent where the price exceeds five hundred dollars,…
2Cases cited12 opinions
- Phinizy v. GuernseySupreme Court of Georgia · 1900
- Lombard v. Chicago Sinai CongregationIllinois Supreme Court · 1872
- Williams v. . TeacheySupreme Court of North Carolina · 1881
- State v. . WyldeSupreme Court of North Carolina · 1892
- White v. . KincaidSupreme Court of North Carolina · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Beaufort County v. . BishopSupreme Court of North Carolina · 1939
- Creech v. . WilderSupreme Court of North Carolina · 1937
- Foust v. Gate City Savings & Loan Ass'nSupreme Court of North Carolina · 1950
- Lawrence v. . BeckSupreme Court of North Carolina · 1923
- CERTAIN-TEED PRODUCTS CORPORATION v. SandersSupreme Court of North Carolina · 1965
7 more not listed; retrieve them via the Exa API.