Eason v. Dortch
Supreme Court of North Carolina
ActioN by E. P. Eason and others against I. E. Dortcb and others, heard by Judge M. il. Justice, at Eebruary Term, 1904, of the Superior Court- of Geebne County. Erom a judgment for the defendant the plaintiff Eason appealed.
1ConcurrenceMontgomery., J.
I concur in the opinion of the Court in its conclusion that the defendant Dortch should have been enjoined from making sale of the property advertised by him. In his answer he did not aver that he had been requested, in writing, by the cestuis que trust, the other defendants, to make the sale. In fact, in an affidavit filed in the cause, he admitted that he had not received instructions to make the sale. Our statute (Acts 1901, chap. 186) requires such written instructions and request as a condition precedent to the sale. But that was not the main point in the case, and I desire to express my…
2Cases cited3 opinions
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Cook v. . GuirkinSupreme Court of North Carolina · 1896
- Swift v. Dixon.Supreme Court of North Carolina · 1902