Froneberger v. . Lewis
Supreme Court of North Carolina
Civil Action commenced in Gaston and removed to and heard on exceptions to the report of a referee at Fall Term, 1877, of Catawba Superior Court, before Cloud, J. The plaintiff brought this action upon a note due his intestate from the defendant’s intestate, and the case was referred by consent to obtain an account of the estate, and it was found that the defendant filed a petition in the County Court of G-aston in 1866 to sell the lands of his intestate to pay debts, and…
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Civil Action commenced in Gaston and removed to and heard on exceptions to the report of a referee at Fall Term, 1877, of Catawba Superior Court, before Cloud, J. The plaintiff brought this action upon a note due his intestate from the defendant’s intestate, and the case was referred by consent to obtain an account of the estate, and it was found that the defendant filed a petition in the County Court of G-aston in 1866 to sell the lands of his intestate to pay debts, and that the same was sold by J. B. White, commissioner, and the defendant became the purchaser at $705. The value of the land…
1Opinion of the CourtReade, J.
We are of the same opinion with His Honor in his rulings upon all the exceptions on both sides, except in re-referring the matter of charging the defendant with the difference between what he bid for the land, $705, and its value at the time of sale, $2,000. That matter was res adjudieata, having been passed upon at a former term of the Court below, and affirmed by this Court on appeal. 70 N. C. 456.
That a trustee or other fiduciary can not purchase at his own sale is an iron rule at law: nor indeed can any one else, because in every sale, there must of necessity be two .persons, — a vendor…
2Cases cited6 opinions
- Froneberger v. LewisSupreme Court of North Carolina · 1874
- Doe ex dem. Simmons v. HassellSupreme Court of North Carolina · 1873
- Roberts v. . RobertsSupreme Court of North Carolina · 1871
- Stilly v. . RiceSupreme Court of North Carolina · 1872
- Wright v. Campbell & StrongSupreme Court of Arkansas · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Home Federal Savings & Loan Ass'n v. ZarkinIllinois Supreme Court · 1982
- Morehead v. HarrisSupreme Court of North Carolina · 1964
- Sumner v. . SessomsSupreme Court of North Carolina · 1886
- Bruner v. . ThreadgillSupreme Court of North Carolina · 1883
- Gibson v. . BarbourSupreme Court of North Carolina · 1888
40 more not listed; retrieve them via the Exa API.