Chambers v. Watson

Decided May 15, 1830

Court of Appeals of North Carolina · decided 1830-05-15

Tried before Mr. Justice O’Neall, at York, Spring Term, 1830. Debt on a bond for the purchase money of a tract of land, sold, for partition, by order of the ordinary, pursuant to the provisions of the act of 1824. Previous to the sale, the land r ’ had been appraised by commissioners at $1000, being the extent of the ordinary’s jurisdiction in such cases ; but at the sale, it was purchased by the defendant for $1500.

Decided 1830-05-15

Colcock, J.

¶1delivered the opinion of the Court.

¶2We concur with the presiding Judge in this case. The act expressly points out the mode by which the ordinary is to determine, whether the subject of an application for partition, or sale, is within his jurisdiction, before he proceeds to exercise jurisdiction ; and it would be absurd, if his jurisdiction were to be divested by matter ex post facto. If such a construction of the act were allow ed, any evil disposed person might, with impunity, defeat the sale, by making a bid beyond the jurisdiction. The commissioners are disinterested persons, and it is not possible to conceive of any motive, which could influence them to violate their oaths and duty, merely to give the ordinary jurisdiction.

Johnson, J. and Evans, J. concurred.

¶3Motion refused.