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FISHER v. MISENHEIMER

No. 7419SC751.

209 S.E.2d 848 (1974)

23 N.C. App. 595

Chas. A. FISHER, Executor of George M. Misenheimer, Deceased, Petitioner, and J. Clay Query and wife, Ollie M. Query, Movants, v. Chas W. MISENHEIMER et al., Respondents, and Grace Taylor McRorie et al., Intervenors.

Court of Appeals of North Carolina.

Certiorari Denied January 7, 1975.

Attorney(s) appearing for the Case

Hartsell, Hartsell & Mills, P. A. by William L. Mills, Jr., and Williams, Willeford, Boger & Grady by John Hugh Williams, Concord, for movants appellees.

Cole & Chesson by James L. Cole, Charlotte, for intervenor appellants.

Certiorari Denied by Supreme Court January 7, 1975.

BRITT, Judge.

Did the court err in entering the judgment ratifying and affirming the order of the clerk appointing a commissioner to consummate a judicial sale made in 1907 upon the payment of bid made at the sale, plus interest? We hold that it did.

No party to this cause has cited, and our research has not disclosed, a precedent that controls this case. Applying well defined legal principles to...

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