Dula v. . Seagle
Supreme Court of North Carolina
This was a motion to set aside a sale, heard by Boykin, Judge, at Fall Term, 1887, of Caldwell Superior Court. The plaintiffs, at Spring Term, 1887, of Caldwell Superior Court, recovered judgment, for want of an answer, against the defendant for $973.48, residue of the purchase money contracted to be paid for land, and a decree for the sale thereof, unless payment should be made in ninety days.
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This was a motion to set aside a sale, heard by Boykin, Judge, at Fall Term, 1887, of Caldwell Superior Court. The plaintiffs, at Spring Term, 1887, of Caldwell Superior Court, recovered judgment, for want of an answer, against the defendant for $973.48, residue of the purchase money contracted to be paid for land, and a decree for the sale thereof, unless payment should be made in ninety days. The decree appointed C. A. Cilley a commissioner, and directed him, after thirty days’ advertisement in the Topic, a newspaper published at Lenoir, to make public sale “ at the court-house door for…
1Opinion of the Court
Smith, C. J.,
(after stating the case). In Mebane v. Mebane, 80 N. C., 34, this language is used: “ No report of the sale is required to be made to the Court in order that it may be set aside or confirmed and title ordered, but this is left to the uncontrolled discretion -of the commissioner. This is entirely at variance with the nature of judicial sales The commissioner acts as the agent of the Court, and must report to it all his doings in execution of its order. The bid is but a proposition to buy, and, until accepted and sanctioned by the Court, confers no right whatever upon the…
2Cases cited9 opinions
- Mebane v. . MebaneSupreme Court of North Carolina · 1879
- State Ex. Rel. Attorney General v. Roanoke Navigation Co.Supreme Court of North Carolina · 1882
- Blue v. . BlueSupreme Court of North Carolina · 1878
- Lord v. . BeardSupreme Court of North Carolina · 1878
- Pritchard v. . AskewSupreme Court of North Carolina · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Upchurch v. . UpchurchSupreme Court of North Carolina · 1917
- Beaufort County v. . BishopSupreme Court of North Carolina · 1939
- Williams v. Charles F. Dunn & Sons Co.Supreme Court of North Carolina · 1913
- Bladen County v. . BreeceSupreme Court of North Carolina · 1938
- Clement v. Ireland.Supreme Court of North Carolina · 1901
5 more not listed; retrieve them via the Exa API.