Boseman v. . McGill
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at chambers in Elizabethtown, 30 December, 1921. In this action the plaintiffs recovered judgment for $7,690, with interest, as the purchase price in a contract to purchase certain land. The judgment was declared to be a specific lien upon the land described in the complaint, and a commissioner was appointed to sell the land and report to the court, and there were directions in the judgment as to the application of the proceeds of the sale.
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Appeal by defendant from Lyon, J., at chambers in Elizabethtown, 30 December, 1921. In this action the plaintiffs recovered judgment for $7,690, with interest, as the purchase price in a contract to purchase certain land. The judgment was declared to be a specific lien upon the land described in the complaint, and a commissioner was appointed to sell the land and report to the court, and there were directions in the judgment as to the application of the proceeds of the sale. Tbe land was sold at public auction on 21 November, 1921, and was bid off at the price of $7,000, but the purchaser, a…
1Opinion of the CourtClark, C. J.
The judgment at September Term, 1921, was a final judgment, the debt being ascertained and foreclosure by sale being adjudged. Johnson v. Roberson, 171 N. C., 194; Davis v. Pierce, 167 N. C., 135; Williams v. McFadyen, 145 N. C., 157. In this last case, Mr. Justice Hoke said: “Such judgment is final as to the amount of indebtedness so adjudicated, and it is also final for purposes of appeal as to all debated and litigated questions between the parties preceding such decree.”
The appeal not having been served in proper time, a cw'tiorari in lieu thereof was applied for in apt time and granted…
2Cases cited7 opinions
- Johnson v. . RobersonSupreme Court of North Carolina · 1916
- Allen v. . TaylorSupreme Court of North Carolina · 1887
- A. A. McKEITHAN & SONS vs. JOHN WALKER & W. J. BROWNSupreme Court of North Carolina · 1872
- Hinsdale v. . SinclairSupreme Court of North Carolina · 1880
- Davis v. . PierceSupreme Court of North Carolina · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- First & Citizens National Bank of Elizabeth City v. HintonSupreme Court of North Carolina · 1938