Barringer v. Wilmington Savings & Trust Co.

177 S.E. 795, 207 N.C. 505, 1935 N.C. LEXIS 184

• Court: Supreme Court of North Carolina
• Decided: January 1, 1935
• Status: Published

Opinion

CoNNon, J.

The only question presented by this appeal is whether there was evidence at the trial in the Superior Court sufficient in its probative force to support the findings of fact made by the judge. This question must be answered in the affirmative.

The judge found the facts from the admissions in the pleadings and from affidavits filed by the parties, who had expressly waived a trial by a jury of the issue raised by the pleadings, as to the fair, just, and reasonable value of the real estate described in the deed of trust at the date of the sale. The affidavits were conflicting, those filed by the defendant tending to show that the fair, just, and reasonable value of the real estate was at said date $175,000, the amount of the bid; those filed by the plaintiffs tending to show that such value was largely in excess of said amount. The findings of fact are conclusive and are not subject to review by this Court. Const. of N. C., Art. IV., sec. 13.

The judgment is supported by the facts found by the judge, and is therefore affirmed.

The action was brought under the provisions of chapter 275, Public Laws of N. C., 1933. This is a valid statute. Woltz v. Deposit Co., 206 N. C., 239, 173 S. E., 587. In that case a judgment enjoining the consummation of a sale of land, made under a power of sale contained in a deed of trust, was affirmed. Tbe judgment was supported by a finding by the judge that the amount bid at the sale was not a fair price for the land. Where, as in the instant case, the amount of the bid was a fair price, and the sale was fairly conducted, there is no error in a judgment refusing to enjoin a consummation of the sale by the trustee, mortgagee, or other person authorized to make the sale.

Affirmed.