Dunn v. Dove, 191 N.C. 824 (1926)

March 17, 1926 · Supreme Court of North Carolina

191 N.C. 824

CHARLES F. DUNN v. JOHN H. DOVE et al.

(Filed 17 March, 1926.)

Appeal by plaintiff from Barnhill, J., at November Term, 1925, of LeNOir.

Affirmed.

Action to recover land. At close of plaintiff’s evidence, defendants’ motion for judgment of nonsuit was allowed. From judgment dismissing tbe action plaintiff appealed.

Charles F. Dunn, in propria persona.

F. E. Wallace and Cowper, Whitaker & Allen for defendants.

Per Curiam.

Tbe assignment of error chiefly relied upon by plaintiff, on bis appeal to tbis Court, is based upon bis exception to tbe order allowing tbe motion for judgment of nonsuit. Plaintiff admitted upon tbe trial below tbat defendant, Jobn H. Dove, was tbe owner of tbe three lots described in tbe complaint at tbe time tbe sheriff of Lenoir County sold same for taxes, on 3 June, 1924. He claims title under deed executed by tbe sheriff, dated 6 June, 1925. Evidence offered by plaintiff fails to show compliance by him as purchaser at tbe sale with statutory provisions required .to make tbe sheriff’s deed valid. There was no error in allowing tbe motion. Price v. Slagle, 189 N. C., 157.

Tbe other exceptions are without merit. Tbe judgment is

Affirmed.