Gallos v. Lucas
Supreme Court of North Carolina
Gallos v. Lucas, 252 N.C. 480 (N.C. 1960)
113 S.E.2d 923; 1960 N.C. LEXIS 586
Cukiam
Gallos v. Lucas
Opinion of the Court
Determinative 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.
If 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.
Affirmed.
Reference
- Full Case Name
- TOM GALLOS and wife, RITA A. GALLOS v. PHILLIP LUCAS and wife, ANNABELLE LUCAS
- Cited By
- 1 case
- Status
- Published