Harris v. Carolina Distributing Co.
Supreme Court of North Carolina
Civil actioN tried before Bond, J., at April Term, 1916, of Beaueoet. This is an action to restrain tbe sale óf certain land under execution, upon tbe ground tbat tbe sale and tbe deed made pursuant thereto will be a cloud on tbe title of tbe plaintiff. Prior to 7 March, 1912, tbe plaintiff L. P. Harris was tbe owner of tbe land in controversy, and on tbat day be conveyed tbe same to bis wife, Nellie J. Harris, who is also a plaintiff.
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Civil actioN tried before Bond, J., at April Term, 1916, of Beaueoet. This is an action to restrain tbe sale óf certain land under execution, upon tbe ground tbat tbe sale and tbe deed made pursuant thereto will be a cloud on tbe title of tbe plaintiff. Prior to 7 March, 1912, tbe plaintiff L. P. Harris was tbe owner of tbe land in controversy, and on tbat day be conveyed tbe same to bis wife, Nellie J. Harris, who is also a plaintiff. Thereafter tbe said L. P. Harris and bis wife conveyed said lands to tbe plaintiff Wiley C. Rodman, in trust, as follows: “1. To bold tbe same for and during…
1Opinion of the CourtAlleN, J.
It has been held in this State that an action cannot be maintained to restrain the sale of land under execution upon tbe ground that tbe sale and tbe deed made pursuant thereto will be a cloud on tbe title of tbe plaintiff (McLean v. Shaw, 125 N. C., 431), but this has been changed by statute (Crockett v. Bray, 151 N. C., 618), and a plaintiff can, under tbe law as it now exists, restrain a sale under execution if tbe deed of tbe officer who sells will not pass title and will only throw a cloud upon tbe title of tbe plaintiff.
Tbe determination of tbe appeal, therefore, depends on tbe estate…
2Cases cited5 opinions
- Bruce v. . NicholsonSupreme Court of North Carolina · 1891
- West v. RailroadSupreme Court of North Carolina · 1906
- Hood v. . MercerSupreme Court of North Carolina · 1909
- Den Ex D. Motley v. . WhitemoreSupreme Court of North Carolina · 1837
- Crockett v. . BraySupreme Court of North Carolina · 1910
3Cited by10 opinions
- Johnson v. . LeavittSupreme Court of North Carolina · 1924
- Hurd v. HughesCourt of Chancery of Delaware · 1920
- Woolard v. SmithSupreme Court of North Carolina · 1956
- Grabenhofer v. GarrettSupreme Court of North Carolina · 1963
- Akin v. First National BankSupreme Court of North Carolina · 1947
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