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WALTON v. CAGLE

No. 622.

152 S.E.2d 312 (1967)

269 N.C. 177

E. T. WALTON, as Administrator of Ellen Lowdermilk Clark, Deceased, Petitioner, v. Nora Clark CAGLE and husband et al., Defendants, William Maxton Wright, Administrator of the estate of Zona Clark Wright et al., Additional Defendants.

Supreme Court of North Carolina.

January 20, 1967.

Attorney(s) appearing for the Case

Miller & Beck and Thomas L. O'Briant, Asheboro, for petitioner appellee.

Ottway Burton, Asheboro, for defendant appellant.

BRANCH, Justice.

G.S. § 1-339.30 provides, in part: "(d) When the highest bidder at a public sale or resale of real property fails to comply with his bid within ten days after the tender to him of a deed for the property or after a bona fide attempt to tender such deed, the judge or clerk having jurisdiction may order a resale. * * * (e) A defaulting bidder at any sale or resale is liable on his bid, and in case a resale is had because of such default, he shall...

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