Legal Opinion

Anonymous

Superior Court of North Carolina

Decided March 5, 1791Published

1Opinion of the Court

Henderson moved against the sheriff for not returning the execution; and among other things it appeared the sheriff had bought part of the property himself. The sale is not lawful, and the sheriff ought to be punished. This opinion is grounded on a decision that took place at Salisbury some time before.

Also, see Ormond v. Faircloth, 5 N.C. 35. It is a general rule that all persons who stand in the character of trustees for the benefit of others are prohibited from purchasing at their own sale. Gordon v. Finley,10 N.C. 239.

Cited: McLeod v. McCall, 48 N.C. 89.(3)

2Cases cited3 opinions

  1. Doe on Dem. McLeod v. McCallSupreme Court of North Carolina · 1855
  2. Gordon v. Finlay.Supreme Court of North Carolina · 1824
  3. Ormond v. . FairclothSupreme Court of North Carolina · 1804