McNeill v. . Shaw

Decided January 5, 1867

Supreme Court of North Carolina · decided 1867-01-05

Motion, to set aside a sale that had been made under an order of the Court of Equity for Cumberland, at Fall Term, 1864. “ In the matter of David McNeill and others,” a petition had been filed to sell certain land held by the petitioners in common, and at Fall Term, 1864, an order of sale was made, which, reciting that the interests of the tenants in common would be promoted by a sale for “ready money,” “allowed the sale to be made for cash,” and appointed the above named…

Decided 1867-01-05

Pearson, C. J.

¶1 The commissioner was directed to sell for “ cash,” and in another part of the order the word money is used. These two words have a different legal meaning, which certainly does not embrace “ Confederate Treasury notes.” So the commissioner did not make the sale in compliance with his order, and for this reason the sale ought to have been set aside.

¶2 *92 This view of the matter, excludes the point made on the argument, that, if the order had been to sell for Confederate Treasury notes, his Honor should, in setting aside the sale, have imposed upon the petitioners the terms of making compensation to the bidder, by paying to him the money value of the Confederate notes, at the time he paid them to the commissioner.

¶3 There is no error. This will be certified.

Per Curiam.

¶4 Decree accordingly.