White Ex Parte
Supreme Court of North Carolina
PetitioN to open biddings for sale of land heard on appeal at Fall Term, 1879, of Perquimans Superior Court, before Gvdger, J. On the death of Henrietta Winslow her lands were sold by decree of the probate court for partition among the heirs-at-law by Caleb White, appointed a commissioner for that purpose.
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PetitioN to open biddings for sale of land heard on appeal at Fall Term, 1879, of Perquimans Superior Court, before Gvdger, J. On the death of Henrietta Winslow her lands were sold by decree of the probate court for partition among the heirs-at-law by Caleb White, appointed a commissioner for that purpose. The sale was ordered to be made at the court house door, on the terms of one-half the purchase money to be paid in cash, and the other half at twelve months, and the sale was made as directed on the second day of December, and W. H. Perry was ascertained as the proposed purchaser. The…
1Opinion of the Court
Dillard, J.,
after stating the case. A purchaser at a sale under a decree of court is an ascertained proposer, and forthwith acquires no other right, on compliance with the terms on his part, than to be accepted as such by the commissioner. And this right is subject to the power of the court to accept or reject the offer. While the proposed bargain is thus incomplete, the practice and law in this state are that the court may refuse to accept the bid, and order another sale for the reason of a ten per cent..advance, offered and secured, above the sum at which the land was knocked off to the…
2Cases cited3 opinions
- Blue v. . BlueSupreme Court of North Carolina · 1878
- Wood Adm'r v. . Parker and OthersSupreme Court of North Carolina · 1869
- Pritchard v. . AskewSupreme Court of North Carolina · 1879
3Cited by5 opinions
- Collins v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1953
- Clement v. Ireland.Supreme Court of North Carolina · 1901
- Macon v. EdingerSupreme Court of North Carolina · 1981
- Sutton v. CraddockSupreme Court of North Carolina · 1917
- Thompson v. RospigliosiSupreme Court of North Carolina · 1913