Kader Biggs & Co. v. Brickell
Supreme Court of North Carolina
Civil actiort for the recovery of certain land, and for damages, &c., tried before Cloud, J., at the January (Special) Term, 1873, of the Superior Court of Halifax county, upon the facts following and agreed to: ■ One William H. Poulton was seized of a freehold estate in the lands in controversy, and the defendant, W. W. Briekell, at public sale made by the sheriff by virtue of a certain execution, at the court house in Halifax, on the 27th January, 1868, purchased the…
Read the full summary
Civil actiort for the recovery of certain land, and for damages, &c., tried before Cloud, J., at the January (Special) Term, 1873, of the Superior Court of Halifax county, upon the facts following and agreed to: ■ One William H. Poulton was seized of a freehold estate in the lands in controversy, and the defendant, W. W. Briekell, at public sale made by the sheriff by virtue of a certain execution, at the court house in Halifax, on the 27th January, 1868, purchased the right, title and interest of said Poulton, with his assent, in and to said land and premises, and received the sheriff’s deed…
1Opinion of the CourtBoyden, J.
We have carefully examined all the authorities cited by the learned counsel for the plaintiff, and we think that the points actually decided in those cases fail to establish the position attempted to be maintained for the plaintiff.
It is true that the learned Judges who delivered opinions in these cases, in some of them express the opinion that a sale made in a wrong place would vitiate the sale; but in every case cited, the sale was held valid, notwithstanding the irregularities, and of course the opinions relied on were obiter dicta, and not upon the points actually decided in these cases;…
Also in this document: Per curiam.
2Cases cited1 opinion
- W. S. Mason v. . Alfred WilliamsSupreme Court of North Carolina · 1872
3Cited by6 opinions
- Rowland Hardware & Supply Co. v. LewisSupreme Court of North Carolina · 1917
- Mayers v. . CarterSupreme Court of North Carolina · 1882
- Bladen County v. . BreeceSupreme Court of North Carolina · 1938
- Debnam v. . WatkinsSupreme Court of North Carolina · 1919
- Rowland Hardware & Supply Co. v. LewisSupreme Court of North Carolina · 1917
1 more not listed; retrieve them via the Exa API.