Vass v. . Arrington
Supreme Court of North Carolina
MotioN to set asido a sale beard at June Term, 1883, of Wake Superior Court, before Philips, J. The action, in which the motion was made, was brought by the plaintiff against W. H. Arrington and wife Pattie, to foreclose a mortgage.
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MotioN to set asido a sale beard at June Term, 1883, of Wake Superior Court, before Philips, J. The action, in which the motion was made, was brought by the plaintiff against W. H. Arrington and wife Pattie, to foreclose a mortgage. On the 1st of November, 1872, the defendant W. H. Arring-ton borrowed from B. E. Moore the sum of $2,140, and gave his bond for the same; and at the same time he and his said wife executed to Moore a mortgage on the house and lot, situate in the city of Raleigh, and described in the pleadings, to secure the payment of the bond. The house and lot were the…
1Opinion of the CourtAshe, J.
We can see no reason for disturbing the judgment of the superior court, except so far as it relates to the taxes due in 1S83.
The courts, exercising in this respect an equity jurisdiction, according to all the authorities, have an absolute power over all sales had under their orders, in confirming or setting them aside and reopening the biddings, &c., but they have adopted certain rules governing their practice in such cases, which have been observed with almost unvarying uniformity.
In this state our courts have adopted the English practice, and will set aside a sale for inadequacy of price,…
2Cases cited5 opinions
- State Ex. Rel. Attorney General v. Roanoke Navigation Co.Supreme Court of North Carolina · 1882
- Blue v. . BlueSupreme Court of North Carolina · 1878
- Wood Adm'r v. . Parker and OthersSupreme Court of North Carolina · 1869
- Pritchard v. . AskewSupreme Court of North Carolina · 1879
- McArtan v. . McLauchlinSupreme Court of North Carolina · 1883
3Cited by8 opinions
- Joyner v. Futrell.Supreme Court of North Carolina · 1904
- Harrell v. Blythe.Supreme Court of North Carolina · 1906
- Brasch v. MumeySupreme Court of Arkansas · 1911
- Dixon v. OsborneSupreme Court of North Carolina · 1933
- Dixon v. . OsborneSupreme Court of North Carolina · 1933
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