Hill v. . Whitfield
Supreme Court of North Carolina
Action of ejectment, tried before his Honor, Judge Bailey, at the Spring Term, 1855, of Sampson Superior Court. The land in question was sold at sheriff’s sale, under an execution upon a judgment in favor of ¥m. A. Whitfield as relator, against the defendant Hatch Whitfield, who had been his guardian, and Lemuel Whitfield, and bought by Wm. A. Whitfield.
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Action of ejectment, tried before his Honor, Judge Bailey, at the Spring Term, 1855, of Sampson Superior Court. The land in question was sold at sheriff’s sale, under an execution upon a judgment in favor of ¥m. A. Whitfield as relator, against the defendant Hatch Whitfield, who had been his guardian, and Lemuel Whitfield, and bought by Wm. A. Whitfield. The judgment was for the sum of $2,300, taken in the County Court of Wayne, and duly proved by the transcript of the record of that Court. The execution, the levy and sale by the Sheriff were also proved, and the plantiif produced the…
1Opinion of the Court
Pearson, J".
There is no doubt that "William A. Whitfield did suppress competition at the sale made by the sheriff, and that, in consequence of his representations that his object was to buy the land merely to compel Hatch Whitfield to come to a fair settlement, several persons who were present, willing and able to buy the land at a fair price, were induced not to bid, whereby lie was enabled to bid off the land at a sum greatly below its value. Upon this ground, the sheriff might have refused to make him a deed and offered the land for sale again ; but the sheriff recognised him as the last…
Also in this document: Per curiam.
2Cited by2 opinions
- Weir v. . WeirSupreme Court of North Carolina · 1928
- Froneberger v. First Nat. Bank of CharlotteCourt of Appeals for the Fourth Circuit · 1913