Harrell v. Blythe.
Supreme Court of North Carolina
Motion in the cause of A. J. Harrell, Executor of Jas. McDaniel, against George Blythe and others, heard by Judge B. B. Peebles, at the August Term, 1905, of the Superior Oourt Of NORTHAMPTON.
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Motion in the cause of A. J. Harrell, Executor of Jas. McDaniel, against George Blythe and others, heard by Judge B. B. Peebles, at the August Term, 1905, of the Superior Oourt Of NORTHAMPTON. This proceeding was brought in the late county court by A. J. Harrell, as executor of James McDaniel, for a sale of his land for assets,. Harrell has since died and J. A. Wor-rell, who has qualified as administrator de bonis non with the will annexed of James McDaniel, has been substituted as plaintiff in his stead, and other interested persons have been made parties by the service of process. The…
1Opinion of the Court
Walker, J.,
after stating the case: If we concede that this court has the jurisdiction to review the judge’s findings of fact, which are alleged to be against the weight of the evidence, we would not disturb them, as we think there was abundant evidence in the case to sustain the court’s conclusion as to the inadequacy of the sum bid for the land. The only question, therefore, which we will consider, is whether, upon the fact thus found, the court ruled correctly in refusing to confirm the sale.
Where land is sold under a decree of court, the purchaser acquires no independent right. He is…
2Cases cited9 opinions
- Joyner v. Futrell.Supreme Court of North Carolina · 1904
- State Ex. Rel. Attorney General v. Roanoke Navigation Co.Supreme Court of North Carolina · 1882
- Wood Adm'r v. . Parker and OthersSupreme Court of North Carolina · 1869
- Pritchard v. . AskewSupreme Court of North Carolina · 1879
- Miller v. . FeezorSupreme Court of North Carolina · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Pike v. Wachovia Bank and Trust CompanySupreme Court of North Carolina · 1968
- Upchurch v. . UpchurchSupreme Court of North Carolina · 1917
- Beaufort County v. . BishopSupreme Court of North Carolina · 1939
- Creech v. . WilderSupreme Court of North Carolina · 1937
- Cook v. Manufacturing Co.Supreme Court of North Carolina · 1922
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