Note. — Vide State v. Johnston, post 293.
State v. Joyce, 2 N.C. 54, 1 Hayw. 54 (1794)
April 1794
·
North Carolina Superior Court
2 N.C. 54, 1 Hayw. 54
State v. Joyce.
This was an indictment against the Sheriff of Rock-ingham for a misdemeanor in making a false return to an execution, it appeared in evidence, that the execution against one Nathaniel Williams, for levying a certain sum to satisfy Robinson Mnmford, the Plaintiff, was put into his hands to be executed in due time; that he levied on property more than sufficient to satisfy the debt and costs, and appointed a day of sale, at which time there was but one bidder; and he believing, as having been so advised, that a sale could not legally be made, unless there were two bidders at least, returned upon the execution, that he had not sold for want of bid-tiers. For thi$Jia»wsis indicted, and now upon the trial, it was ruled dearly by Judge Wibliams, that one bidder at a Sheriff’s sale is sufficient ; saying if it was not so, no execution could ever he satisfied where the Defendant Could procure a friend to attend and bid more than the property was worth at the first bid, — He was convicted and fined.