WADSWORTH v. WADSWORTH

No. 521.

133 S.E.2d 681 (1963)

260 N.C. 702

Dollie M. WADSWORTH (Widow), v. Walter B. WADSWORTH, Jr. (Minor), and L. Austin Stevens, Guardian Ad Litem for Walter B. Wadsworth, Jr. (Minor).

Supreme Court of North Carolina.

December 19, 1963.


Attorney(s) appearing for the Case

L. Austin Stevens, Smithfield, guardian ad litem for Walter B. Wadsworth, Jr.

E. V. Wilkins, Smithfield, for appellants.

Albert A. Corbett, Smithfield, for appellee, Stimson Lumber Co., Inc.


MOORE, Justice.

Appellee contends, and the court below concluded, that the purported sale of the timber to appellee at the price of $23,821.22 is void for failure of the clerk to make orders of resale vesting the commissioner with authority therefor.

There are certain absolute prerequisites of a valid judicial sale. "* * * (I)t is necessary, in order that a judicial sale may be validly made, that the court by which it was ordered shall have the general power...

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