Burton v. . Spiers and Clark
Supreme Court of North Carolina
Civil action pending in Halifax Superior Court heard, by consent, before Oudger, Judge, at Chambers in Jackson, in September, 1884, upon the following case agreed.
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Civil action pending in Halifax Superior Court heard, by consent, before Oudger, Judge, at Chambers in Jackson, in September, 1884, upon the following case agreed. On the 21st day of December, 1880, H. & E. Hartman & Co. duly recovered two judgments for $200 each against Richard P. Spiers before a justice of the peace in Halifax county, which were, on the same day, docketed in the Superior Court of said county, and at Spring Term, 1881, of the Superior Court of said county, the said H. & E. Hartman & Co. recovered one other judgment against said Spiers for $736.68. Executions were issued to…
1Opinion of the CourtAshe, J.
(after stating the facts). Every sheriff, before selling property under an execution, is required to advertise the sale for four weeks in a newspaper if there be one in the county, and if not, for thirty days at the court-house door, and three other public places. The Code, sec. 456. And besides, he is required to give notice to the defendant in the execution or his agent, &c., for ten days before the sale. The Code, sec. 457. But these requirements are held to be only directory.
It is well settled as a general rule, that a purchaser at execution sale is not bound to look further than to see…
2Cases cited3 opinions
- Woodley v. . GilliamSupreme Court of North Carolina · 1872
- Perry v. . MorrisSupreme Court of North Carolina · 1871
- Dougherty v. LoganSupreme Court of North Carolina · 1874
3Cited by12 opinions
- Conley v. RedwineSupreme Court of Georgia · 1900
- Weir v. . WeirSupreme Court of North Carolina · 1928
- Williams v. Charles F. Dunn & Sons Co.Supreme Court of North Carolina · 1913
- Williams v. JohnsonSupreme Court of North Carolina · 1893
- G A. Gambrill Manufacturing Co. v. WilcoxSupreme Court of North Carolina · 1892
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