Polk v. Gallant
Supreme Court of North Carolina
Daniel Gallant died intestate and seised in fee of certain lands, situate in Mecklenburg County; and in 1829, upon the bill of Daniel’s heirs, (of whom John Gallant was one,) the Court of Equity for that County decreed that, for the purpose of partition, the lands should be sold by the Clerk and Master, on a credit, in the decree specified.
Read the full summary
Daniel Gallant died intestate and seised in fee of certain lands, situate in Mecklenburg County; and in 1829, upon the bill of Daniel’s heirs, (of whom John Gallant was one,) the Court of Equity for that County decreed that, for the purpose of partition, the lands should be sold by the Clerk and Master, on a credit, in the decree specified. At the sale, John Gallant became the purchaser of one parcel, at the price of $420, and gave his bond therefor, with the present plaintiff, Polk, as his surety, payable to the Clerk and Master; and that officer was to execute conveyances to the purchasers…
1Opinion of the Court
.Ruffin, Chief Justice.
The cause is brought to hearing without evidence, upon the bill, answer and replication; and, from the pleadings, the case is as follows: (His Honor here stated the case as above, and then proceeded.) Upon the argument, the counsel for the defendants placed not much .stress on the defences brought forward in the answer; and we think very properly, as they are clearly insufficient. In the first place, the sheriff’s sale is no bar, even if a legal title had been the subject of it, as the purchaser only succeeds to the defendant in the execution, and is affected by all the…
2Cited by8 opinions
- Wilson v. Commercial Finance Co.Supreme Court of North Carolina · 1954
- Brown v. HardingSupreme Court of North Carolina · 1915
- Brown v. . HardingSupreme Court of North Carolina · 1915
- Moore v. . MooreSupreme Court of North Carolina · 1909
- Williams v. . LewisSupreme Court of North Carolina · 1912
3 more not listed; retrieve them via the Exa API.