Weir v. . Fowler

145 S.E. 283, 196 N.C. 270, 1928 N.C. LEXIS 345

• Court: Supreme Court of North Carolina
• Decided: November 14, 1928
• Status: Published

Opinion

Stacy, 0. J.

This is a companion case to Weir v. Weir, ante, 268. Plaintiffs instituted the present action to restrain the sheriff from delivering deed for the lands sold under execution, until a hearing could be had on their motion, made in the original cause, to have said sale set aside and the same declared void. This was unnecessary, as the same relief, if needed, could have been obtained by motion in the original cause. Indeed, the granting of an order nisi to set aside an irregular execution, in such proceeding, operates, as soon as the parties have notice of it, to stay any further action. Foard v. Alexander, 64 N. C., 69; Long v. Jarrett, 94 N. C., 443.

Error.