Wade v. Saunders
Supreme Court of North Carolina
Civil actioN, (to recover possession of a tract of land,) tried before his Honor, Judge Buxton, at the Pali Term, 1873, of the Superior Court of Mohtgomekt county. Plaintiffs claimed title, as purchasers at execution sale by the sheriff, under executions hereinafter fully alluded to.
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Civil actioN, (to recover possession of a tract of land,) tried before his Honor, Judge Buxton, at the Pali Term, 1873, of the Superior Court of Mohtgomekt county. Plaintiffs claimed title, as purchasers at execution sale by the sheriff, under executions hereinafter fully alluded to. Their deed from the sheriff, of date 9th September, 1870, conveyed the land described in the complaint, and recited a levy and sale thereof, as the property of the defendant, Aaron H. Saunders, under three executions against him, — one in favor of W. A. Simmons to the use of Martha J. Simmons; another in favor of…
1Opinion of the Court
PuARSON. C. J.
Appeal by defendants. Motion for venire <de novo, for error.
1. Because his Honor erred, in ruling that the sale made by the sheriff on Friday of the first week • of the term of the Court was valid.
We concur in the conclusion oí his Honor. The exception rests upon the construction of the act of 1869-70, ch. 215, “ Sales (of land) shall be during the first three days of the term of the Superior Court, &c.” If the bidding had not been opened until Friday of the first week of the term, it may be that the sale would not have been held to be valid, but the bidding was opened on…
2Cited by8 opinions
- Odom v. . RiddickSupreme Court of North Carolina · 1889
- De Mill v. MoffatMichigan Supreme Court · 1882
- County of Franklin v. JonesSupreme Court of North Carolina · 1957
- Byrd v. . ByrdSupreme Court of North Carolina · 1895
- Mayers v. . CarterSupreme Court of North Carolina · 1882
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