GALLOS v. LUCAS

No. 601.

113 S.E.2d 923 (1960)

252 N.C. 480

Tom GALLOS and wife, Rita A. Gallos, v. Phillip LUCAS and wife, Annabelle Lucas.

Supreme Court of North Carolina.

May 4, 1960.


Attorney(s) appearing for the Case

Louis J. Fisher, High Point, for plaintiff appellees.

Morgan, Byerly & Post, High Point, for defendant appellants.


PER CURIAM.

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...

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