Public-domain · open source
OpenJurist

252 N.C. 480

Gallos v. Lucas

Supreme Court of North Carolina · decided 1960-05-04

Cited by 2 later decisions — most recently April 1965

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1960-05-04

View the full empirical analysis of this case →

PER Cukiam.

¶1Determinative of the appeal is this question: Did the failure to report the sale made 13 April 1959 within five days as directed by G.S. 45-21.26 render the subsequent sale void? The answer is no.

¶2If a trustee fails to report within the five days directed by the statute, the clerk may compel a report. G.S. 45-21.14. When the clerk assumes jurisdiction and orders a resale based on a raised bid, his orders are not void. One who purchases and receives a deed for the property pursuant to such orders acquires a good title. G.S. 45-21.29.

¶3Affirmed.

/252/nc/480 · .json · Public domain