Patillo v. . Lytle
Supreme Court of North Carolina
Appeal from Webb, Jat May Term, 1911, of BttNCOMbe. This is a proceeding for tbe partition of tbe land described in tbe pleadings among tbe beirs of Tbomas Patillo. At June Term, 1911, an order was made for tbe sale of tbe land, wbicb was made by tbe commissioner on 7 August, 1911, and D. W. Harrison became tbe highest bidder and tbe land was knocked down to him at tbe price of $1,205, wbicb be paid to tbe commissioner.
Read the full summary
Appeal from Webb, Jat May Term, 1911, of BttNCOMbe. This is a proceeding for tbe partition of tbe land described in tbe pleadings among tbe beirs of Tbomas Patillo. At June Term, 1911, an order was made for tbe sale of tbe land, wbicb was made by tbe commissioner on 7 August, 1911, and D. W. Harrison became tbe highest bidder and tbe land was knocked down to him at tbe price of $1,205, wbicb be paid to tbe commissioner. No report of sale was made by the commissioner, and tbe sale was, of course, never confirmed by tbe court. Tbe commissioner, without any order authorizing him to do so,…
1Opinion of the Court
'WalxeR, J.
This case proceeded very irregularly in the court below from the beginning to the end of it. The court evidently found as a fact that the motioners had not authorized the proceeding to be brought, and that all except Carrie Burgin were bound by the orders and decrees therein, because they happened to know of it, one of them having shown a willingness at the sale that the land should be sold. It would have been better if his Honor had distinctly found whether or not they had authorized themselves to be made parties, but without any such sx^ecific finding, we think it a fair…
2Cases cited19 opinions
- Boddie v. BondSupreme Court of North Carolina · 1911
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- Sumner v. . SessomsSupreme Court of North Carolina · 1886
- Joyner v. Futrell.Supreme Court of North Carolina · 1904
- Taylor v. . CarrowSupreme Court of North Carolina · 1911
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Howard v. BoyceSupreme Court of North Carolina · 1961
- Beaufort County v. . BishopSupreme Court of North Carolina · 1939
- Chappell v. National Surety Co.Supreme Court of North Carolina · 1926
- Jones v. JonesSupreme Court of North Carolina · 1956
- Boddie v. . BondSupreme Court of North Carolina · 1911
3 more not listed; retrieve them via the Exa API.