Crawford v. . Allen
Supreme Court of North Carolina
Appeal by defendants from Kerr, J., at chambers, 17 September, 1920, from Waice. Tbis is a controversy without action to recover tbe purchase price of certain lots of land situate in Ealeigh, bought by tbe defendant Allen at a judicial sale. There was judgment in favor of tbe plaintiffs, and tbe defendants excepted and appealed.
1Opinion of the CourtAlleN, J.
Tbis is a controversy without action in tbe Superior •Court of Wake County to recover tbe amount bid by tbe defendant Allen for two lots situate in tbe city of-Ealeigh.
Tbe bid was made in a proceeding in Harnett County under section 1590 of tbe Eevisal, which authorizes a-sale of contingent interests in land, and tbe proceeding in which tbe sale was made is now pending in tbe Superior Court of Harnett, the last clause in the decree accepting the bid being, “and this cause is retained for further order.”
Under these conditions it is clear that the present proceeding cannot be maintained, if the…
2Cases cited10 opinions
- Mason and Another v. . MilesSupreme Court of North Carolina · 1869
- Atkinson v. . PackSupreme Court of North Carolina · 1894
- Pendleton v. WilliamsSupreme Court of North Carolina · 1918
- Wooten v. . CunninghamSupreme Court of North Carolina · 1916
- Dawson v. . WoodSupreme Court of North Carolina · 1919
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ex parte WilsonSupreme Court of North Carolina · 1942
- Dunbar v. . Drainage Commissioners.Supreme Court of North Carolina · 1930
- Wilson, Ex ParteSupreme Court of North Carolina · 1942