McKee, Sheriff v. . Lineberger
Supreme Court of North Carolina
Civil action, at first commenced in Gaston county, and thence regularly removed to Lincoln, where it was tried before Logan, J., at Spring Term, 1873. The following is the case, signed and sent by the counsel of the parties, with the record to this Court.
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Civil action, at first commenced in Gaston county, and thence regularly removed to Lincoln, where it was tried before Logan, J., at Spring Term, 1873. The following is the case, signed and sent by the counsel of the parties, with the record to this Court. This is an action brought by the plaintiff in his official capacity as sheriff of Gaston county, to recover of defendant the amount of a bid made by him for a tract of land sold 'by plaintiff at a judicial sale under a venditioni exponas, and which bid the defendant after said sale refused to pay. The plaintiff in his own behalf testified…
1Opinion of the CourtPearson, C. J.
I. The legal effect of the fact that the venditioni exponas issued after the sale, on the last on which the plaintiff indorsed “ the land sold under previous venditioni exponas action pending for the same bid.” Do these facts amount to a waiver of the right of action against the defendant for the amount of his bid ? and the legal effect of the fact that the sheriff agreed to give the defendant a few weeks to raise the money, does this fact vitiate the sale ? are questions not presented by the case, for there are no allegations by which to put these facts in issue. There must be allegata et…
2Cited by25 opinions
- Calloway v. WyattSupreme Court of North Carolina · 1957
- Whichard v. LipeSupreme Court of North Carolina · 1942
- Whichard v. . LipeSupreme Court of North Carolina · 1942
- McLaurin v. . CronlySupreme Court of North Carolina · 1884
- Talley v. Harriss Granite Quarries Co.Supreme Court of North Carolina · 1917
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