Lovinier v. . Pearce
Supreme Court of North Carolina
Civil aotiou, (motion to set aside a sale and re open bid-dings,) heard before Clarice, J., at Chambers, in CeaveN county, on the 13th day of April, 1813. The plaintiff filed his petition before the Judge of Probate, to sell real estate for assets. From a decision of his, refusing to set aside the sale, an appeal was taken to the Judge of the District, at Chambers. From his decision, sotting aside the sale, the plaintiff appealed to the Supreme Court.
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Civil aotiou, (motion to set aside a sale and re open bid-dings,) heard before Clarice, J., at Chambers, in CeaveN county, on the 13th day of April, 1813. The plaintiff filed his petition before the Judge of Probate, to sell real estate for assets. From a decision of his, refusing to set aside the sale, an appeal was taken to the Judge of the District, at Chambers. From his decision, sotting aside the sale, the plaintiff appealed to the Supreme Court. The facts are fully stated in the opinion of the Court. objects: That in this case, the Judge does not find the facts, as is required by the…
1Opinion of the CourtReads, J.
The plaintiff, as executor, instituted proceedings in the Probate Court, for license to sell the real estate of his testator, to pay debts. A sale was ordered and made by the plaintiff, and the land was bid off by one Long. The plaintiff reported a fair sale, for a full price, and money paid. And thereupon the Probate Court confirmed the sale, and ordered the title to be made; and title was' made to said Long, who immediately re-conveyed to the plaintiff. It was also ordered that the cause be retained, and that the executor, after paying the debts, should pay the surplus into Court for the…
2Cases cited1 opinion
- State Ex Rel. Klutts v. McKenzieSupreme Court of North Carolina · 1871
3Cited by5 opinions
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- McMillan v. . McMillanSupreme Court of North Carolina · 1898
- Wahab v. . SmithSupreme Court of North Carolina · 1880
- Westcott v. . HewlettSupreme Court of North Carolina · 1872