Bladen County v. . Squires

14 S.E.2d 665, 219 N.C. 649, 1941 N.C. LEXIS 121

• Court: Supreme Court of North Carolina
• Decided: May 21, 1941
• Status: Published

Opinion

Pee Cueiam.

Stevens occupied the position of a preferred bidder with no rights in the property in law or equity until his bid had been accepted and confirmed by the court, at least untiL after the time for upset bids had expired. A subsequent order of resale within the time permitted for upset bids is a rejection of the original bid and the bidder is not entitled to contest the validity of the judgment of confirmation. Vance v. Vance, 203 N. C., 667, 166 S. E., 901; Richmond County v. Simmons, 209 N. C., 250, 183 S. E., 282. The court had authority to reject the bid and to order a resale in the absence of exceptions or an increase bid. Sec. 1719 (r), ch. 310, Public Laws 1939. Even if it be conceded (and it is not) that the appellant has a sufficient interest to entitle him to be heard, the facts found by the court below are supported by evidence and sustain the judgment entered.

Affirmed.