State Ex. Rel. Attorney General v. Roanoke Navigation Co.
Supreme Court of North Carolina
Appeal from an order made at Spring Term, 1882, of Halifax Superior Court, by Bennett, J. At the fall term 1881 of the superior court for the county of Halifax, a judgment was rendered in the above entitled action, appointing Thomas N. Hill, Esq., receiver, and clothing him with all the powers and duties prescribed in the act of the legislature of this state entitled an act for the dissolution of the Roanoke Navigation Company.
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Appeal from an order made at Spring Term, 1882, of Halifax Superior Court, by Bennett, J. At the fall term 1881 of the superior court for the county of Halifax, a judgment was rendered in the above entitled action, appointing Thomas N. Hill, Esq., receiver, and clothing him with all the powers and duties prescribed in the act of the legislature of this state entitled an act for the dissolution of the Roanoke Navigation Company. Act 1874-75, ch. 198. That by virtue of the power in him vested as such receiver, and after due advertisement, he proceeded to sell on the 6th day of February, 1882,…
1Opinion of the CourtAshe, J.
The sole question prssented by the appeal for our consideration is, was there error in the ruling of the court below in setting aside the sale and re-opening the bid-dings.
The appellants insist they have rights, acquired by the sale and the report of the commissioner, and the ruling of the court below is in violation of their rights. But the doctrine has been settled in this state, that the bidder at a judicial sale, such as this, acquires no right before the confirmation of the report of the commissioner who made the sale under the order of the court. Until then, the bargain is incomplete.…
2Cases cited4 opinions
- 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
- Miller v. . FeezorSupreme Court of North Carolina · 1880
3Cited by18 opinions
- Morrison v. BurnetteCourt of Appeals for the Eighth Circuit · 1907
- Bass v. Roanoke Navigation & Waterpower Co.Supreme Court of North Carolina · 1892
- Joyner v. Futrell.Supreme Court of North Carolina · 1904
- Harrell v. Blythe.Supreme Court of North Carolina · 1906
- Dixon v. OsborneSupreme Court of North Carolina · 1933
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