Shaw v. Wolf

CAMPBELL, Judge.

It is obvious that the district court judge based his decision upon the failure of the plaintiff Shaw to answer or otherwise plead in the special proceeding which was pending before the Clerk of Superior Court of Alleghany County and such failure on his part constituted a waiver of any defenses he had to the foreclosure proceedings. This necessitates an inquiry into the special proceeding.

As was stated in Wadsworth v. Wadsworth, 260 N.C. 702, 706, 133 S.E. 2d 681, 685 (1963) :

“There are certain absolute prerequisites of a valid judicial sale. ‘ . . . [I]t is necessary, in…