Sutton v. Craddock
Supreme Court of North Carolina
Civil ACTION to sell land affected with a contingent interest, under section 1590, Revisal, heard on pleadings, record, and facts in evidence, before Lyon, J., at June Term, 1917, of LeNOIR.
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Civil ACTION to sell land affected with a contingent interest, under section 1590, Revisal, heard on pleadings, record, and facts in evidence, before Lyon, J., at June Term, 1917, of LeNOIR. On the hearing it appeared that the real estate in question formerly belonged to W. C. Fields, deceased, who devised the same in his last will and testament to bis daughter, Annie Fields Sutton, for her natural life, and after her death, if she shall have married and have children or child by such marriage, then to such child or children, and if she does not marry, then to her brothers and sisters who may…
1ConcurrenceClark, C. J.
I concur in the result, because the Judge has found.as a fact, and there is evidence to support it, that by reason of “the actual expenditure by Mosely and the enhanced value of the land, due to bis energy and diligence, the bid by bim is a more desirable disposition of the property” than the increased amount in the enhanced bid offered by the appellant.
There are many authorities that tbe maker, of an advance bid is entitled to appeal, if it is refused (Attorney-General v. Navigation Co., 86 N. C., 408), where tbe Court entertained such an appeal and affirmed tbe order of tbe Judge reopening…
2Cases cited19 opinions
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Williams v. MorganSupreme Court of the United States · 1884
- Hinckley v. Gilman, Clinton, & Springfield RailroadSupreme Court of the United States · 1877
- Moore v. TriplettSupreme Court of Virginia · 1899
- Harrell v. Blythe.Supreme Court of North Carolina · 1906
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