Rowland Hardware & Supply Co. v. Lewis
Supreme Court of North Carolina
Civil actioN, tried before Winston, and a jury, at November Term, 1916, of RobesoN. The .action was brought by plaintiff against R. E. Lewis, sheriff of Robeson County, C. T. Pate & Co. and C. T. Pate, to recover the $725, the amount bid by O. T. Pate, acting for the firm of 0. T. Pate & Co., of which he was a member, at a sale under the execution hereinafter described.
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Civil actioN, tried before Winston, and a jury, at November Term, 1916, of RobesoN. The .action was brought by plaintiff against R. E. Lewis, sheriff of Robeson County, C. T. Pate & Co. and C. T. Pate, to recover the $725, the amount bid by O. T. Pate, acting for the firm of 0. T. Pate & Co., of which he was a member, at a sale under the execution hereinafter described. The material and undisputed facts are as follows: 1. Plaintiff obtained a judgment against one R. T. Gaitley, who was and is insolvent, for $1,302. 2. Execution was issued upon this judgment and levied upon personal property,…
1DissentGlare, C. J.
The defendant Pate bought certain personal property at execution sale against one Gaitley on which Pate held chattel mortgages. The defendant Lewis, the sheriff, delivered the property to Pate, in whose possession it was destroyed by fire. This is a *301proceeding to compel Pate to pay the price bid at the sale, and he seeks to defend upon the ground that personal property could not be sold at execution sale because there was a mortgage upon it.
The sale by the sheriff of the personal property of the execution debtor was valid under Revisal 629, sec. 1, which provides that: “The goods, chattels,…
2Cases cited10 opinions
- W. S. Mason v. . Alfred WilliamsSupreme Court of North Carolina · 1872
- McLeod v. . BullardSupreme Court of North Carolina · 1882
- Whitehead v. . HellenSupreme Court of North Carolina · 1877
- Battle v. . PetwaySupreme Court of North Carolina · 1845
- Fleming v. . BardenSupreme Court of North Carolina · 1900
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