39 S.E. 780 | N.C. | 1901
The jury having found that the defendant James R. Davenport was a "purchaser for a valuable consideration and without knowledge of any fraud" on the part of E. N. Hatton, of the lands described in the petition, the Court properly refused judgment to compel the administratrix of E. N. Hatton to sell the land to make assets. Proviso to Code, sec. 1446; Paschalv. Harris,
In this proceeding, though begun before the Clerk, the purchaser, as well as the administratrix and heirs-at-law, are parties, and judgment should have been rendered directing a sale of the property under the judgment lien. Code, sec. 255, as amended by the Laws of 1887, Chap. 276;Roseman v. Roseman,
In refusing the prayer of the petition, there was no error, but there was error in dismissing the action. The cause is remanded for proper judgment. The judgment below as to costs is affirmed, and the costs of the appeal will be divided. Code, sec. 527.
Remanded for judgment. *149