Legal Opinion

Spain v. . Hines

Supreme Court of North Carolina

Decided November 23, 1938PublishedCited by 16 opinions

1Opinion of the CourtSeawell, J.

It is not necessary for us to examine into the form and legality of the attempted conveyance by W. J. Swan, trustee, and H. G. Swan, to Gurney P. Hood. If the transaction could be considered formally sufficient, tbe grantors had no power at that late date to make the conveyance.

No deed to H. G. Swan, the successful bidder at the foreclosure sale, was ever made; and while we do not question the right ofva successful bidder to transfer his bid with proper observance of the formalities required in conveying an interest in land, the fact remains that no conveyance was made by the trustee until 30…

2Cases cited19 opinions

  1. Hyman v. . Devereux and OthersSupreme Court of North Carolina · 1869
  2. Bateman v. . SterrettSupreme Court of North Carolina · 1931
  3. Eubanks v. BectonSupreme Court of North Carolina · 1912
  4. Way v. MullettMassachusetts Supreme Judicial Court · 1886
  5. Beal v. Attleborough Savings BankMassachusetts Supreme Judicial Court · 1924

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3Cited by16 opinions

  1. Matter of Foreclosure of Trust by GoforthSupreme Court of North Carolina · 1993
  2. Sprouse v. North River InsuranceCourt of Appeals of North Carolina · 1986
  3. Stubbs v. Lowrey's HeirsCourt of Appeals of Texas · 1952
  4. In re Foreclosure of Deed of Trust of Michael Weinman Associates General PartnershipSupreme Court of North Carolina · 1993
  5. Ownbey v. . Parkway Properties, Inc.Supreme Court of North Carolina · 1942

11 more not listed; retrieve them via the Exa API.

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