Wadsworth v. Wadsworth
Supreme Court of North Carolina
1Opinion of the CourtMooee, J.
Appellee contends, and the court below concluded, that the purported sale of the timbea’ to. appellee at the price of $23,821.22 is void for failure of the clerk to- malee orders of resale vesting the commissioner with .authority therefor.
There are certain absolute prerequisites oif a valid judicial sale. “. . . (I)t iis necessary, in order that a judicial ©ale may be validly made, that the court by which it was ordered shall have the general power to decree a sale, and that in a particular case the jurisdiction of the court over the subject matter and parties shall have been acquired in -a…
2Cases cited9 opinions
- Henry J. Heryey & Co. v. EdmundsSupreme Court of North Carolina · 1873
- Powell v. . TurpinSupreme Court of North Carolina · 1944
- Stancill and Gay v. . GaySupreme Court of North Carolina · 1885
- Ryder v. . OatesSupreme Court of North Carolina · 1917
- County of Franklin v. JonesSupreme Court of North Carolina · 1957
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Henderson County v. OsteenSupreme Court of North Carolina · 1979
- Bolick v. ColeCourt of Appeals of North Carolina · 1980
- Shaw v. WolfCourt of Appeals of North Carolina · 1974
- In re the Estate of KessingerCourt of Appeals of North Carolina · 1989