Den Ex Dem. Smith v. Greenlee
Supreme Court of North Carolina
From Rutherford. Ejectment for a tract of land situate in Buncombe, originally commenced in that County, and removed to Rutherford. On the trial before his Honor Judge Daniei, the lessors of the Plaintiff, who were William B. Smith, James M. Smith and Philip Brittain, produced a judgment and an execution thereon, against one James Greenlee, and a Sheriff’s deed to them for the land in dispute, as the highest binders at a sale thereof, on the above mentioned execution.
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From Rutherford. Ejectment for a tract of land situate in Buncombe, originally commenced in that County, and removed to Rutherford. On the trial before his Honor Judge Daniei, the lessors of the Plaintiff, who were William B. Smith, James M. Smith and Philip Brittain, produced a judgment and an execution thereon, against one James Greenlee, and a Sheriff’s deed to them for the land in dispute, as the highest binders at a sale thereof, on the above mentioned execution. They then produced a deed from James Green-lee to the Defendant, and impeached it as fraudulent. Tlie Defendant contended,…
1Opinion of the Court
Henderson, Chief-Justice.
A sale at auction is a sale to the best bidder, its object a fair price, its means competition. Any agreement, therefore, to stifle competition, is a fraud upon the principles on which the sale is founded. It not only vitiates the contract between the parties, so that they can claim nothing from each other, but also any purchase made under it, their claims against the vendor being weaker than those against each other — policy alone forbidding1 that the last mentioned should be enforced, but both policy and justice uniting to condemn the former. If this be the rule…
2Cited by11 opinions
- Davis v. Keen.Supreme Court of North Carolina · 1906
- Weir v. . WeirSupreme Court of North Carolina · 1928
- Manning v. Atlantic & Yadkin Railway Co.Supreme Court of North Carolina · 1924
- Martin v. UnderhillSupreme Court of North Carolina · 1965
- Nash v. Elizabeth City Hospital Co.Supreme Court of North Carolina · 1920
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