Legal Opinion

Holt v. May

Supreme Court of North Carolina

Decided February 1, 1952No. 741PublishedCited by 6 opinions

1Opinion of the CourtJohNsoh, J.

Ordinarily, in the absence of statute, when land is sold under judicial sale, all taxes accrued prior to the consummation of the sale are charges on the property, rather than on the proceeds of the sale, and pass with the property to the purchaser. 31 Am. Jur., Judicial Sales, sections 172 and 220.

In this jurisdiction, however, by statute, G.S. 105-408, a judicial sale of land, as between the purchaser and the parties to the proceeding, transfers the lien of a designated class of tax accruals to the proceeds of sale in exoneration of the land. The pertinent provisions of this statute are as…

2Cases cited7 opinions

  1. Harrell v. Blythe.Supreme Court of North Carolina · 1906
  2. Dixon v. OsborneSupreme Court of North Carolina · 1933
  3. Dixon v. . OsborneSupreme Court of North Carolina · 1933
  4. Vass v. . ArringtonSupreme Court of North Carolina · 1883
  5. Johnson v. Futrell Bros. Lumber Co.Supreme Court of North Carolina · 1945

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3Cited by6 opinions

  1. Continental Oil Company v. McNAIR REALTY COMPANYMontana Supreme Court · 1960
  2. Rand v. Wilson CountySupreme Court of North Carolina · 1955
  3. In re Redwood Furniture Co.District Court, W.D. North Carolina · 1965
  4. Larsen v. SedberryCourt of Appeals of North Carolina · 1981
  5. State of NJ v. Consolidated Rail Corp.Special Court under the Regional Rail Reorganization Act · 1988

1 more not listed; retrieve them via the Exa API.

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