73 S.E. 103 | N.C. | 1911
The facts are sufficiently stated in the opinion of the Court by Mr.Justice Walker.
This is a motion in the original cause by the assignee of the purchaser at a judicial sale for the appointment of a commissioner to complete the sale, left unfinished by a former commissioner who has died, by executing a deed to the purchaser. Those who claim under the sale have had possession of the land ever since it was made. The court found as facts that the sale was made by the commissioner and reported to the court, and that the purchase price had been paid. A *36
motion in this cause is the proper remedy. "There is no pretense that any deed has been executed to the purchaser of the land, sold under the order of the court, by an authorized servant of the court, and under its permission; and until that is done the land continues to be in custodialegis, and any relief which may be had in reference to it or the purchase money must be sought in the original proceeding." Kemp v. Kemp,
There does not seem to be much stress laid upon the point as to the necessity for a confirmation of the sale by the court upon the report of the commissioner, but this can be done now by the court, nunc pro tunc, if it is not dispensed with by agreement of the parties. Joyner v. Futrell,
No error.
Cited: Grimes v. Andrews,