Pettillo, Ex Parte
Supreme Court of North Carolina
Appeal from an Order made at Fall Term, 1878, of HeN-dersoN Superior Court, by Avery, J. Under a decretal order of the late court of equity made in the year 1859, the lands mentioned in the petition were •.exposed to sale and purchased by the petitioners John L., ■Samuel and M. W. Pettillo, at the price of $3,549, and accord. ing.tothe conditions of sale they executed their notes for moieties thereof with one Nathan Drake, surety, payable at one and two years with interest…
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Appeal from an Order made at Fall Term, 1878, of HeN-dersoN Superior Court, by Avery, J. Under a decretal order of the late court of equity made in the year 1859, the lands mentioned in the petition were •.exposed to sale and purchased by the petitioners John L., ■Samuel and M. W. Pettillo, at the price of $3,549, and accord. ing.tothe conditions of sale they executed their notes for moieties thereof with one Nathan Drake, surety, payable at one and two years with interest from date. The sale was reported and confirmed at the next term, and the purchasers entered into possession. At fall…
1Opinion of the Court
Smith, 0. J.
(After stating the case.) The only question in the case is this; The surety being dead, and the purchasers after a default of sixteen years, when called on, still failing to pay the residue of the purchase money, can the court direct a re-sale and charge them with the deficiency in case the price obtained is not enough to pay what is due.?
It is the usual practice in making judicial sales, not only to require personal security, but to retain the title until full payment of the purchase money. This double security may by proper orders in the cause, be made available to the parties…
2Cases cited2 opinions
- Colton v. RossNew York Court of Chancery · 1831
- Walke v. . MoodySupreme Court of North Carolina · 1871
3Cited by12 opinions
- Wooten v. . CunninghamSupreme Court of North Carolina · 1916
- Marsh v. . NimocksSupreme Court of North Carolina · 1898
- Gilliam v. . SandersSupreme Court of North Carolina · 1930
- Rout v. KingIndiana Supreme Court · 1885
- Crawford v. . AllenSupreme Court of North Carolina · 1920
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