Ex Parte Garrett
Supreme Court of North Carolina
Appeal by E. S. Jones from Devin, J., at May Term, 1917, of Wake. This is a special proceeding for the sale of land for partition.
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Appeal by E. S. Jones from Devin, J., at May Term, 1917, of Wake. This is a special proceeding for the sale of land for partition. An order of sale was made, according to the prayer of the petition, on 27 November, 1916, and pursuant thereto the land was sold on 2 January, 1917, when the appellant, Eobert S. Jones, was the last and highest bidder, at the sum of $1,200. The commissioner filed his report of sale on 3 January, 1917, in which he reports, among other things, “That the sale was fair and open and well attended, and he recommends that, unless the bid is raised within twenty days,…
1Opinion of the CourtAlleN, J.
The statute regulating the confirmation of sales in partition proceedings (Rev., sec. 2513) was fully considered, at the last term, in Upchurch v. Upchurch, and Justice Uolce, speaking for the Court, then said, upon facts presented by this record: “The law was enacted to enable the court to proceed to judgment on the record as it stood, after twenty days, and to shut off all right of exceptions for irregularities, lack of notice or even inequalities as between the parties to the record, and it was never intended to deprive the court of the .power to regulate and control a sale by reason of…
2Cited by2 opinions
- Perry v. . PerrySupreme Court of North Carolina · 1920
- McCormick v. . PattersonSupreme Court of North Carolina · 1927