Dobbin v. Rex

Citations

• 106 N.C. 444

Syllabus

<p>Charge on Land for Equality of Partition — Not Discharged by Execution of Note — Sale Under Vend. Ex. — Parties—Statute of Limitations.</p> <p>1. A charge upon land for equality of partition is not discharged by the execution of a note for the same. The lan'd remains the primary debtor.</p> <p>2. A party to a proceeding in which a venditioni exponas is issued to sell land to pay a charge resting on it for equality of partition cannot contest the validity of a sale made under such vend. ex.</p> <p>3. A party acquiring land on which a charge rests for equality of partition takes the same cum onere, and the statute of limitations cannot avail him as against a purchaser at a sale made under a venditioni exponas, duly ordered in the partition proceedings.</p>