NATIONAL SURETY CORP. v. SHARPE

No. 601.

65 S.E.2d 137 (1951)

233 N.C. 644

NATIONAL SURETY CORP. et al. v. SHARPE et al.

Supreme Court of North Carolina.

May 23, 1951.


Attorney(s) appearing for the Case

Seawell & Seawell, Carthage, for O. B. Taylor, appellant.

W. D. Sabiston, Jr., Carthage and Carroll & Steele, Rockingham, for Receiver appellee.


BARNHILL, Justice.

As the property in controversy was in the possession of the receiver under order of court, a motion in the cause to recall the order of sale or to restrain the sale was the proper procedure. But the motion was made out of the county and out of the district without notice and before a judge who was neither the resident judge nor the judge riding the district. Said judge was without jurisdiction to hear a motion in a cause pending in Moore County...

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