Gardner v. . Hearne

Citations

• 29 S.E. 91
• 122 N.C. 169
• 1898 N.C. LEXIS 218

Syllabus

<p>Judicial Sale — Foreclosure of Mortgage — Commissioner’s Deed.</p> <p>1. In the absence of an equitable right clearly established to the contrary, a Commissioner appointed by a Court to make a sale and execute a conveyance to the i>urchaser named in the decree of confirmation cannot be compelled to make a deed contrary to the terms of such decree.</p> <p>2. Where a Commissioner appointed by the Court to sell land, reported E as the purchaser and the decree confirming the sale directed him to convey title to such purchaser and, before a deed was made, A filed a motion for an order directing the Commissioner to make the deed to him on the ground that the commissioner’s report (by an interlineation) stated that E had transferred her bid to him, it was error on the hearing of such motion to exclude affidavits showing that the report was altered without the knowledge or consent of the commissioner, after it was filed, so as to show the transfer of^E’s bid to A; that when the decree of confirmation was made the alleged transfer was not before the Court and that the report, as originally made by the commissioner, was consistent with the decree itself.</p>