Everett v. Reynolds
Supreme Court of North Carolina
This was an action to foreclose a mortgage, at the February Term, 1890, of the Superior Court of Richmond county, and a decree of foreclosure was regularly entered against the defendants and commissioners were appointed to sell the land for cash to the highest bidder and to report said sale to the Court for further directions.
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This was an action to foreclose a mortgage, at the February Term, 1890, of the Superior Court of Richmond county, and a decree of foreclosure was regularly entered against the defendants and commissioners were appointed to sell the land for cash to the highest bidder and to report said sale to the Court for further directions. After this decree was made the defendant John Reynolds, the mortgagor, died, but his death was not suggested to the Court, and some time thereafter the commissioners exposed the land for sale, at which sale one of the heirs at law, N. R. Reynolds, became the highest…
1Opinion of the Court
ShepheRD, O. J.
(after stating the facts): It is well settled that the judgment of the Court confirming the sale was irregular and not void (Lynn v. Lowe, 88 N. C., 478; Knott v. Taylor, 99 N. C., 511; Wood v. Watson, 107 N. C., 52), and it has also been decided that a motion in the cause is the proper remedy to have such a judgment vacated although it be final. Carter v. Rountree, 109 N. C., 29; McLaurin v. McLaurin, 106 N. C., 331, and the cases cited.
Conceding that the purchaser, a stranger, is affected with the irregularity because the record would have disclosed a want of notice of the…
2Cases cited8 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Stancill and Gay v. . GaySupreme Court of North Carolina · 1885
- Peoples v. . NorwoodSupreme Court of North Carolina · 1886
- McLaurin v. . McLaurinSupreme Court of North Carolina · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fowler v. FowlerSupreme Court of North Carolina · 1925
- Fowler v. . FowlerSupreme Court of North Carolina · 1925
- Scott v. Life Ass'nSupreme Court of North Carolina · 1905
- Scott v. . Life AssociationSupreme Court of North Carolina · 1905
- Insurance Co. v. Scott.Supreme Court of North Carolina · 1904
4 more not listed; retrieve them via the Exa API.