Perry v. . Perry
Supreme Court of North Carolina
PetitioN to sell land to make assets, heard on appeal from clerk, before Long, J., at March Term, 1920, of Foesyth. The questions presented and the pertinent facts are very clearly set forth in the case on appeal, as follows : “This is a special proceedings originating before the clerk of the Superior Court of Forsyth County, upon the petition of Mary C. Perry, administratrix of W. S. Perry, for the sale of land to make assets to pay debts.
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PetitioN to sell land to make assets, heard on appeal from clerk, before Long, J., at March Term, 1920, of Foesyth. The questions presented and the pertinent facts are very clearly set forth in the case on appeal, as follows : “This is a special proceedings originating before the clerk of the Superior Court of Forsyth County, upon the petition of Mary C. Perry, administratrix of W. S. Perry, for the sale of land to make assets to pay debts. This petition deals with several distin'ct tracts of land, but there is involved in this appeal only tracts 5 and 6 as described in said petition, which…
1Opinion of the CourtHoke, J.
It is the generally accepted principle that the highest bidder at a judicial sale is only regarded as a preferred proposer, and that be bas no independent right in the property or the suit until the sale bas been reported to the court and confirmed. Tbus, in Harrell v. Blythe, 140 N. C., 415, it was beld that “judicial sales are only conditional, and are not complete until reported to and confirmed by the court, and the bid may be rejected and the sale set aside if, in the exercise of its sound discretion, the court should think proper to do so, and Walker, J., delivering the opinion, further…
2Cases cited8 opinions
- Joyner v. Futrell.Supreme Court of North Carolina · 1904
- Taylor v. . CarrowSupreme Court of North Carolina · 1911
- Harrell v. Blythe.Supreme Court of North Carolina · 1906
- Upchurch v. . UpchurchSupreme Court of North Carolina · 1917
- McMillan v. . McMillanSupreme Court of North Carolina · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Beaufort County v. . BishopSupreme Court of North Carolina · 1939
- McDaniel v. . LeggettSupreme Court of North Carolina · 1945
- In Re Estate of StyersSupreme Court of North Carolina · 1932
- County of Buncombe v. ArbogastSupreme Court of North Carolina · 1934
- Galloway v. HesterSupreme Court of North Carolina · 1958
3 more not listed; retrieve them via the Exa API.