Woodruff v. Piedmont Trust Co.
Supreme Court of North Carolina
Appeal by plaintiff from Ferguson, J., at January Term, 1917, of WlLKES. This is an appeal from a judgment of nonsuit in an action by the plaintiff as sheriff of Wilkes to require the defendant to comply with its bid for certain real estate purchased at execution sale, under three executions issuing from the Superior Court of said county.
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Appeal by plaintiff from Ferguson, J., at January Term, 1917, of WlLKES. This is an appeal from a judgment of nonsuit in an action by the plaintiff as sheriff of Wilkes to require the defendant to comply with its bid for certain real estate purchased at execution sale, under three executions issuing from the Superior Court of said county. It is in evidence that the’auctioneer, who was employed by the plaintiff, gave notice before crying the sale that it was made by virtue of certain executions against M. M. Absher levied on the excess over the homestead, which had been duly allotted, and was…
1Opinion of the CourtClark, C. J.
It was in evidence, uncontradicted, and therefore must be taken as true on this appeal from a nonsuit, that the judgments, executions, advertisement, and sale were regular in all respects. There was also evidence by letters from the defendant to Willis that he was the attorney of the defendant to represent it at this sale, and there was evidence of Ms statements in corroboration; that as sueb agent be made .the last and highest bid for the -property, which was duly knocked -off to him, and that he declined payment upon the ground that the bid should be credited on the debt due the trust…
2Cases cited10 opinions
- Love v. HarrisSupreme Court of North Carolina · 1911
- Ruckle v. BarbourIndiana Supreme Court · 1874
- Cherry v. . LongSupreme Court of North Carolina · 1868
- Proctor v. . FinleySupreme Court of North Carolina · 1896
- Skinner v. . WarrenSupreme Court of North Carolina · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smith v. . JoyceSupreme Court of North Carolina · 1939
- King v. . DavisSupreme Court of North Carolina · 1925
- In Re LaughinghouseUnited States Bankruptcy Court, E.D. North Carolina · 1985
- Daniels v. YelvertonSupreme Court of North Carolina · 1953
- Stearns v. Woolard (In re Laughing-House)District Court, E.D. North Carolina · 1985
1 more not listed; retrieve them via the Exa API.