Burgin v. . Burgin
Supreme Court of North Carolina
PetitioN to sell land for assets (transferred from the late court of equity) heard at Fall Term, 1879, of MoDowell Superior Court, before Schenck, J. This was a bill filed in the court of equity to sell land for partition between plaintiffs and defendants as heirs at law of James Burgin, deceased, and one other claiming the share of one of the heirs by assignment, and at the sale under a decree in the-cause, defendants L. E. Burgin and John D. Burgin became purchasers of one…
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PetitioN to sell land for assets (transferred from the late court of equity) heard at Fall Term, 1879, of MoDowell Superior Court, before Schenck, J. This was a bill filed in the court of equity to sell land for partition between plaintiffs and defendants as heirs at law of James Burgin, deceased, and one other claiming the share of one of the heirs by assignment, and at the sale under a decree in the-cause, defendants L. E. Burgin and John D. Burgin became purchasers of one of the tracts at eighteen hundred and sixty-eight dollars and secured the same by their bond with surety to the clerk…
1Opinion of the Court
Dillard, J.,
after stating the case. We think His Honor, upon the affidavits in support of the motion and in opposition thereto, and on the facts found by himself, was in error in disallowing the motion to ascertain the unpaid purchase money, with a view to & specific performance of the contract by the purchasers under the orders of the court.
By the confirmation of the sale, the heirs, selling through the agency of the court, had the right to have a specific execution of the contract by payment of the purchase money on the part of the purchasers, and were themselves under obligation to perform…
2Cases cited3 opinions
- Hicks v. . SkinnerSupreme Court of North Carolina · 1874
- Edney v. . EdneySupreme Court of North Carolina · 1879
- Etheridge v. . VernoySupreme Court of North Carolina · 1879
3Cited by1 opinion
- Page v. MillerSupreme Court of North Carolina · 1960