Baird v. . Hall
Supreme Court of North Carolina
This was an action to subject real estate in the hands of a second purchaser, to the payment of the purchase money due on a Clerk and Master’s sale, tried before Cloud, J., Fall Term, 1871, of Rowan Superior Court.
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This was an action to subject real estate in the hands of a second purchaser, to the payment of the purchase money due on a Clerk and Master’s sale, tried before Cloud, J., Fall Term, 1871, of Rowan Superior Court. Plaintiffs allege, that they are the heirs-at-law of one Horace Baird, who died in the County of Rowan, in the year 1858, seized of a large real estate; that they, in connection with the widow of the deceased, filed a bill for the sale for partition of said lands; that a decree was made in 1858, directing a sale of die same; that the real estate was sold by the Clerk and Master,…
1Opinion of the CourtReaue, J.
It appears that the widow, Mrs. M. L. Baird, authorized the Clerk and Master, Blackmer, to receive Co»~ iederate money in payment for the land sold by him.
Any alleged claim of hers therefore, against the defendant, may be put out of the question. * It also appears that there are others of the plaintiffs, who- also authorized the Clerk and Master to receive the Confederate money. Their claim also may be put out of the question; for having once assented, they cannot be heard now to object. But it is to be inferred from the finding of the jury, that there are others of the plaintiffs who did not…
2Cited by3 opinions
- Dobias v. WhiteSupreme Court of North Carolina · 1954
- Purvis, Guardian v. . JacksonSupreme Court of North Carolina · 1873
- Mabry v. . EngelhardSupreme Court of North Carolina · 1874