Mizell v. . Bazemore

In Harris v. Distributing Co., 172 N. C., 14, it is said: “It has been held in this State that an action cannot be maintained to restrain the sale of land under execution upon the ground that the sale and deed made pursuant thereto will be a cloud on the title of the plaintiff (McLean v. Shaw, 125 N. C., 491), but this has been changed by statute (Crockett v. Bray, 151 N. C., 615), and a plaintiff can, under the law as it now exists, restrain a sale under execution if the deed of the officer who sells will not pass title, and will only throw a cloud upon the title of the plaintiff.” C. S.,…