Williams v. Charles F. Dunn & Sons Co.
Supreme Court of North Carolina
Appeal by defendants from Justice, J., at June Term, 1913, of LENOIR. This was a motion before the clerk, in the case of Williams v. Williams, to set aside a sale of land made under an execution. The motion was based upon affidavits filed, and the sale was set aside by .him. Plaintiff appealed to the Superior Court, where the action was dismissed, this Court reversing the decision.
Read the full summary
Appeal by defendants from Justice, J., at June Term, 1913, of LENOIR. This was a motion before the clerk, in the case of Williams v. Williams, to set aside a sale of land made under an execution. The motion was based upon affidavits filed, and the sale was set aside by .him. Plaintiff appealed to the Superior Court, where the action was dismissed, this Court reversing the decision. At the August Term, 1912, of that court, the judgment of the clerk was affirmed, and an order of reference was made for an accounting between the parties. The report of the referee was confirmed at the June Term,…
1Opinion of the CourtWaleeR, J.
This is a motion to set aside an execution sale, and the title of the original action should have been retained, instead of making the motioner plaintiff and the purchaser at the sale a defendant. It is not a new proceeding, but a motion in the cause, as at first constituted, for the desired relief. The title on the docket here and below should be Williams v. Williams, motion by defendant, and not Williams v. Dunn. We hope that the clerks and attorneys will hereafter take notice of the procedure in such cases and be governed accordingly, as a compliance with the rule will prevent uncertainty…
2Cases cited23 opinions
- White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
- Worthy v. . CaddellSupreme Court of North Carolina · 1877
- Den Ex Dem. Harry v. GrahamSupreme Court of North Carolina · 1834
- Hewson v. DeygertNew York Supreme Court · 1811
- McCanless v. . FlinchumSupreme Court of North Carolina · 1887
18 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Leary v. N.C. Forest Products, Inc.Court of Appeals of North Carolina · 2003
- Weir v. . WeirSupreme Court of North Carolina · 1928
- County of Franklin v. JonesSupreme Court of North Carolina · 1957
- Spalding Division of Questor Corp. v. DuBoseCourt of Appeals of North Carolina · 1980
- Cason v. . ShuteSupreme Court of North Carolina · 1937
8 more not listed; retrieve them via the Exa API.