Houston v. . McGowen
Supreme Court of North Carolina
Special ProceediN& commenced in the Probate Court and upon issues joined, removed to and tried at Spring; Term, 1877, of Duplin Superior Court, before Seymour J. The plaintiff alleged that he was tenant in common with the defendants in certain lands (1900'acres) lying on Cypress Creek in Duplin County, and fr®m the rent of which the-defendants had received a considerable sum of money, and asked that an account be taken of the amount of said rent to the end that he may have…
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Special ProceediN& commenced in the Probate Court and upon issues joined, removed to and tried at Spring; Term, 1877, of Duplin Superior Court, before Seymour J. The plaintiff alleged that he was tenant in common with the defendants in certain lands (1900'acres) lying on Cypress Creek in Duplin County, and fr®m the rent of which the-defendants had received a considerable sum of money, and asked that an account be taken of the amount of said rent to the end that he may have judgment for the same. In 1869 judgments were obtained against the plaintiff’ and his interest in said land was sold at…
1Opinion of the CourtReade, J.
What did the Sheriff sell ? is the question. Did he sell the plaintiff’s interest in the tract of land of' 1900 acres? or did he sell his interest in 950 acres of land ? There ought not to have been any difficulty about it, for a .Sheriff'ought always to ascertain what it is he is about to sell, and to put it to sale at the best advantage. And if he l'ailrtodo so he is liable to the person interested, in damages. And if the purchaser at such unfair sale is in complicity with the Sheriff, the sale itself may be avoided.
Hire theie was conflicting evidence as to whether the Sheriff sold a 1900…
2Cited by1 opinion
- Miller v. . MillerSupreme Court of North Carolina · 1883