Legal Opinion
Pittsburgh Plate Glass Company v. Forbes
Supreme Court of North Carolina
Decided January 11, 1963No. 535PublishedCited by 6 opinions
1Opinion of the CourtRodman, J.
The fact that defendants were adjudged bankrupts within four months from the date the amount owing and the liens securing payment were judicially declared did not impair plaintiff’s lien. Sec. 67b of the National Bankruptcy Act, 11 USCA 107b. What effect, if any, the actual possession of the property by the receiver appointed by the bankruptcy court had on the right of the sheriff to make a valid offer of sale on 20 October 1961 need- not be determined since we think the judgment should be affirmed for the reasons hereafter stated.
A sheriff, acting pursuant to an execution, can only sell the…
2Cases cited13 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Davis v. Keen.Supreme Court of North Carolina · 1906
- Lane v. Chantilly CorporationNew York Court of Appeals · 1929
- Hayward v. WempleAppellate Division of the Supreme Court of the State of New York · 1912
- Nash v. Elizabeth City Hospital Co.Supreme Court of North Carolina · 1920
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3Cited by6 opinions
- In re Foreclosure of Deed of Trust from Allan & Warmbold Construction Co.Court of Appeals of North Carolina · 1988
- Oakwood Acceptance Corp., LLC v. MassengillCourt of Appeals of North Carolina · 2004
- Beneficial Mortgage Co. of North Carolina v. PetersonCourt of Appeals of North Carolina · 2004
- Walton v. CagleSupreme Court of North Carolina · 1967
- In re the proposed Foreclosure of Deed of Trust executed by McDuffieCourt of Appeals of North Carolina · 1994
1 more not listed; retrieve them via the Exa API.