Bohannon v. Virginia Trust Co.

176 S.E. 268, 207 N.C. 163, 1934 N.C. LEXIS 411

• Court: Supreme Court of North Carolina
• Decided: October 10, 1934
• Status: Published

Opinion

Stacy, C. J.

It is not perceived upon what theory valid objection to tbe ruling of tbe trial court may be predicated. Having lost its right to a summary writ of assistance by conveying tbe premises to another and allowing tbe matter to be so adjudicated without appeal, movant is in no position to ask for further assistance in tbe present proceeding. Its remedy now is by suit in ejectment.

That one who buys at a judicial sale is entitled to a writ of assistance is not questioned (Bank v. Leverette, 187 N. C., 743, 123 S. E., 68; Knight v. Houghtalling, 94 N. C., 408), but movant parted with tbe title which it acquired under tbe commissioner’s deed before applying for such writ. At any rate, it allowed tbe matter to be so adjudged without appeal.

Affirmed.

ScheNCK, J., took no part in tbe consideration or decision of this case.