{
  "id": 2091735,
  "name": "DAVID McNEILL, and others v. JOHN SHAW",
  "name_abbreviation": "McNeill v. Shaw",
  "decision_date": "1867-01",
  "docket_number": "",
  "first_page": "91",
  "last_page": "92",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Phil. Eq. 91"
    },
    {
      "type": "official",
      "cite": "62 N.C. 91"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 158,
    "char_count": 2106,
    "ocr_confidence": 0.466,
    "sha256": "debf68437c75ddfb71178171ca21aa99547584ad84033aa3ab52ad84595599a5",
    "simhash": "1:8e6166fe2031bdfa",
    "word_count": 370
  },
  "last_updated": "2023-07-14T20:56:26.929259+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "DAVID McNEILL, and others v. JOHN SHAW."
    ],
    "opinions": [
      {
        "text": "Pearson, C. J.\nThe commissioner was directed to sell for \u201c cash,\u201d and in another part of the order the word money is used. These two words have a different legal meaning, which certainly does not embrace \u201c Confederate Treasury notes.\u201d So the commissioner did not make the sale in compliance with his order, and for this reason the sale ought to have been set aside.\nThis view of the matter, excludes the point made on the argument, that, if the order had been to sell for Confederate Treasury notes, his Honor should, in setting aside the sale, have imposed upon the petitioners the terms of making compensation to the bidder, by paying to him the money value of the Confederate notes, at the time he paid them to the commissioner.\nThere is no error. This will be certified.\nPer Curiam.\nDecree accordingly.",
        "type": "majority",
        "author": "Pearson, C. J. Per Curiam."
      }
    ],
    "attorneys": [
      "Shepherd and W. A Wright, for the petitioners.",
      "W.. McL. McKay, for the purchaser."
    ],
    "corrections": "",
    "head_matter": "DAVID McNEILL, and others v. JOHN SHAW.\nWhere a commissioner, appointed by a Court of Equity to sell land \u201cfor cash,\u201d (in conformity with a representation that it would be best to sell for \u201c ready money,\u201d) received in payment Confederate Treasury notes, the sale was set aside.\nMotion, to set aside a sale that had been made under an order of the Court of Equity for Cumberland, at Fall Term, 1864.\n\u201c In the matter of David McNeill and others,\u201d a petition had been filed to sell certain land held by the petitioners in common, and at Fall Term, 1864, an order of sale was made, which, reciting that the interests of the tenants in common would be promoted by a sale for \u201cready money,\u201d \u201callowed the sale to be made for cash,\u201d and appointed the above named David McNeill commissioner. At the next term, viz: Spring Term, 1866, the commissioner reported that on the 24th January, 1865, he had made sale as ordered, at which time John Shaw became the highest bidder, and.paid the price over in Confederate Treasury notes.\nThereupon cross motions were made by the petitioners and by the purchaser, to set aside, and to confirm the sale. His Honor, Buxton, J., ordered the sale to be set aside, and the purchaser appealed.\nShepherd and W. A Wright, for the petitioners.\nW.. McL. McKay, for the purchaser."
  },
  "file_name": "0091-01",
  "first_page_order": 99,
  "last_page_order": 100
}