Gallos v. Lucas
This text of 113 S.E.2d 923 (Gallos v. Lucas) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
113 S.E.2d 923, 252 N.C. 480, 1960 N.C. LEXIS 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallos-v-lucas-nc-1960.