Legal Opinion

Long v. . Jarratt

Supreme Court of North Carolina

Decided February 5, 1886PublishedCited by 23 opinions

Civil ACTION, tried before Graves, Judge, and a jury, at Fall Term, 1885, of the Superior Court of YadkiN county. It appears from the allegations of the complaint, and the admissions in the answers, that tlie land, the title to which the plaintiffs seek to have made to them, was sold under and in pursuance of an order of the late Court of Pleas and Quarter Sessions of the county of Yadkin, made in a proceeding brought by the administrators of R. C. Puryear, deceased, against…

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Civil ACTION, tried before Graves, Judge, and a jury, at Fall Term, 1885, of the Superior Court of YadkiN county. It appears from the allegations of the complaint, and the admissions in the answers, that tlie land, the title to which the plaintiffs seek to have made to them, was sold under and in pursuance of an order of the late Court of Pleas and Quarter Sessions of the county of Yadkin, made in a proceeding brought by the administrators of R. C. Puryear, deceased, against his heirs-at-law, to sell the same to make assets to pay debts of the intestate. After that Court was abolished, the…

1Opinion of the CourtMerrimoN, J.

(after stating the facts). The proceeding in which the land was sold has not been terminated by any final order or decree, nor will it be, until the purchase money for the land shall have been paid, and a proper order entered, directing title to be made to the purchaser, or to the person to whom he may have transferred his bid. That proceeding is still pending, in contemplation of law, and if it has been allowed to disappear from the current docket of the Court, it may be brought forward upon motion therein for that purpose.

By means of that proceeding, the Court has complete jurisdiction of…

2Cases cited4 opinions

  1. Childs v. . Martin .Supreme Court of North Carolina · 1873
  2. Lord v. . BeardSupreme Court of North Carolina · 1878
  3. Mauney v. PembertonSupreme Court of North Carolina · 1876
  4. Chambers v. . PenlandSupreme Court of North Carolina · 1878

3Cited by23 opinions

  1. Cameron v. CameronSupreme Court of North Carolina · 1952
  2. McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
  3. Allen v. . SalleySupreme Court of North Carolina · 1919
  4. Dwiggins v. Parkway Bus Co.Supreme Court of North Carolina · 1949
  5. Curtis v. Piedmont Lumber & Mining Co.Supreme Court of North Carolina · 1891

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