Gross v. . McBrayer
Supreme Court of North Carolina
Appeal by plaintiff from Long, J., at August Term, 1911, of RUTIIEREORD'. Tbe facts are sufficiently stated in the opinion of the Court, by Mr. Justice Walker.
1Opinion of the CourtWalker, J.
This action was brought to impeach the sale of land unde;* a decree for a foreclosure. The plaintiff, in one section of Ms complaint, seeks to recover $1,000 as damages resulting from a fraudulent sale of tbe land, and, in the prayer, he demands judgment that defendant be declared a trustee for him, that he be required to account to him for rents and profits received, and that, a sale of the land be ordered and the proceeds applied according to the rights of the parties. In the one view there would be a ratification of the sale and an election to recover damages for the fraud, and in the…
2Cases cited3 opinions
- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
- Hatcher v. Dabbs.Supreme Court of North Carolina · 1903
- Elizabethton Shoe Co. v. HughesSupreme Court of North Carolina · 1898
3Cited by4 opinions
- Hill v. . YoungSupreme Court of North Carolina · 1940
- Asheville & East Tennessee Railroad v. BairdSupreme Court of North Carolina · 1913
- McPhaul v. . WaltersSupreme Court of North Carolina · 1914
- Garland v. . ArrowoodSupreme Court of North Carolina · 1917