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WELCH v. KEARNS

No. 396.

130 S.E.2d 634 (1963)

259 N.C. 367

Gilbert P. WELCH and husband, J. Arthur Welch, Petitioners, v. Ruth P. KEARNS and husband, Austin F. Kearns, A. M. Primm and wife, Sarah H. Primm, Cleo P. Green and husband, Walter Green, Richard W. Primm and wife, Gertrude B. Primm, Defendants.

Supreme Court of North Carolina.

May 1, 1963.

Attorney(s) appearing for the Case

E. W. Hooper, Thomasville, for commissioner-appellant.

W. H. Steed, Thomasville, for defendants-appellees.

DENNY, Chief Justice.

The question for determination is whether in a civil action or special proceedings wherein a commissioner is appointed to sell land, such commissioner's fee is to be determined pursuant to the provisions of G.S. § 1-408 or G.S. § 28-170.

In the case of Ray v. Banks, 120 N.C. 389, 27 S.E. 28, this Court held the compensation to a commissioner for making a partition sale was governed by Section 1910 of the Code of 1883. This section...

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