Legal Opinion

Wortham v. . Basket

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 6 opinions

Execution and Judicial Sales — Statutes—Terms of Court. This is a civil action to recover land, and was tried before Shipp, J., at Fall Term, 1887, of Vance Superior Court.

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Execution and Judicial Sales — Statutes—Terms of Court. This is a civil action to recover land, and was tried before Shipp, J., at Fall Term, 1887, of Vance Superior Court. Issues of fact having been raised by the pleadings, putting directly in question the plaintiff’s title, he put in evidence and relied upon a deed of conveyance executed to him by the Sheriff' of the County of Vance, dated July 2d, 1883, purporting to convey to him the land in question in pursuance of a sale thereof made by that Sheriff under and by virtue of an execution issuing from the Superior Court of the County named,…

1Opinion of the Court

Mekrimon, J.,

(after stating the case). It is the just purpose of the statute (The Code, §§ 454-472,) regulating sales of real property under execution or by order of Court, that they shall be made at prescribed times and places so that all persons may know when and where to attend to purchase such property to be sold. The time and place of such sales are fixed by law and every one takes notice of this. A principal object is to secure as far as practicable a fair, open, public sale, and thus multiply and encourage bidders and promote the interests of those persons interested in having the…

2Cases cited1 opinion

  1. Mayers v. . CarterSupreme Court of North Carolina · 1882

3Cited by6 opinions

  1. Oakwood Acceptance Corp., LLC v. MassengillCourt of Appeals of North Carolina · 2004
  2. Bladen County v. . BreeceSupreme Court of North Carolina · 1938
  3. McNeill v. . McDuffieSupreme Court of North Carolina · 1896
  4. Loudermilk v. . CorpeningSupreme Court of North Carolina · 1888
  5. Palmer v. . LathamSupreme Court of North Carolina · 1917

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