{ "id": 11277551, "name": "J. P. ALEXANDER v. JOHN ROBINSON", "name_abbreviation": "Alexander v. Robinson", "decision_date": "1881-10", "docket_number": "", "first_page": "275", "last_page": "277", "citations": [ { "type": "official", "cite": "85 N.C. 275" } ], "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": [ { "cite": "84 N. C., 56", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8684377 ], "opinion_index": -1, "case_paths": [ "/nc/84/0056-01" ] }, { "cite": "83 N. C., 568", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11278730 ], "opinion_index": -1, "case_paths": [ "/nc/83/0568-01" ] }, { "cite": "81 N. C., 123", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8685971 ], "opinion_index": -1, "case_paths": [ "/nc/81/0123-01" ] }, { "cite": "80 N. C., 34", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8684316 ], "opinion_index": -1, "case_paths": [ "/nc/80/0034-01" ] }, { "cite": "84 N. C., 56", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8684377 ], "opinion_index": 0, "case_paths": [ "/nc/84/0056-01" ] }, { "cite": "83 N. C., 568", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11278730 ], "opinion_index": 0, "case_paths": [ "/nc/83/0568-01" ] }, { "cite": "81 N. C., 123", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8685971 ], "opinion_index": 0, "case_paths": [ "/nc/81/0123-01" ] }, { "cite": "80 N. C., 34", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8684316 ], "opinion_index": 0, "case_paths": [ "/nc/80/0034-01" ] } ], "analysis": { "cardinality": 326, "char_count": 4739, "ocr_confidence": 0.402, "pagerank": { "raw": 6.699805336962679e-08, "percentile": 0.4072032771022558 }, "sha256": "f3f8a1d76b2b74e0a1d73f9500f0b9a50bfa29f9362110f30ac7bd72846a4901", "simhash": "1:f2650d026c385199", "word_count": 823 }, "last_updated": "2023-07-14T15:20:18.719028+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "J. P. ALEXANDER v. JOHN ROBINSON." ], "opinions": [ { "text": "Smith, C. J.\nThis suit is to enforce the specific performance of a contract under seal entered into between the plaintiff Alexander, and the. defendant, on June 3rd, 1878, for the sale by the former and the purchase by the latter of the land described in the complaint, for a judgment for the residue of the purchase money,.and in case of non payment, the sale of the premises for the satisfaction of the debt.\nThe defendant admits the substantial averments of the plaintiffs, but says he has not sufficient information of the title, as to admit the allegation that it is in either plaintiff, and their legal capacity to convey to him an estate in fee ; and he further insists that the creditor secured in the deed in trust from the plaintiff Alexander, to his coplaintiff; Wilson, as also the wife of the former, are necessary parties to the action. The pleadings were made up at fall term, 1878, and no further action had until August term, 1881, when the ereditor and the said feme came into court, as the record shows, and \u201cmake themselves parties plaintiff,\u201d At the same term, on plaintiffs\u2019 motion, an order of reference was made, directing the clerk to ascertain the amount due under the contract and report during the term.\nThe report was accordingly returned, and in the absence of exception confirmed,and it was thereupon adjudged that the plaintiff, George E. Wilson, trustee, do recover of the defendant the sum of $6,193.67 and interest on $4,780.80,, principal money included therein from August 29th, 1881, until paid. And it was further adjudged, that the defendant do specifically perform his contract and pay the said moneys so due within ninety days from the rendition of the judgment, and in default that the trustee, acting also as commissioner of the court, sell the said land at public sale, and apply the proceeds after payment of costs to the satisfaction of the said debt as far as said proceeds jvill admit, and pay over any surplus to the defendant; and that upon payment of the purchase money, he make title to the purchaser.\nThere appears to have been no opposition to the form of the interlocutory order of reference, no suggestion to extend the scope of the inquiries of the referee, so as to include an examination of the title whieh the plaintiffs were able to convey, and no exception then made to the confirmation of the report and the judgment following it, but subsequently thereto upon an appeal then taken the defendant files the following exceptions, in substance:\n1. For that issues are raised upon the pleadings which ought to have been disposed of before the rendition of the judgment.\n2. For that the plaintiffs5 title is controverted and its\u25a0 sufficiency should have been included in the subjects of reference.\n3. For that the judgment directing the sale does not re- \u2022 \u2022quire the same to be reported for the action of the court.\nIf these exceptions were properly before us for review., they would not be entitled to a favorable consideration, for the reason that no inquiry into the title was asked when the reference was ordered, nor the submission to the jury of any issue in regard to facts controverted in the pleadings, if indeed the answer in its present form doeskin legal effect amount to a denial of the plaintiffs\u2019 title. The defendant cannot complain of omissions which it was his duty t\u00a9 call to the attention of the judge, and of the consequences of his own neglect.\nThere is, however, an irregularity in the judgment, in that it does not provide for a report of the sale for confirmation before making title to the purchaser, whieh can be corrected in the judgment now to be rendered, as has been done in several eases heretofore. Mebane v. Mebane, 80 N. C., 34; Kidder v. McIlhenny, 81 N. C., 123; Harris v. Bryant, 83 N. C., 568; Foushee v. Durham, 84 N. C., 56.\nThus modified the judgment must be affirmed.\nPee Gukiam. Modified and affirmed.", "type": "majority", "author": "Smith, C. J." } ], "attorneys": [ "Messrs. [Fifeon & Son, for plaintiff.", "Messrs. Dowd & Walker, Pittman and Burwell, for defendant." ], "corrections": "", "head_matter": "J. P. ALEXANDER v. JOHN ROBINSON.\nAppeal \u2014 Exceptions\u2014Judicial Sale \u2014 Paadice-..\n1. A party who neglects to tender on the trial such issues as he- deems-essential to the development o\u00ed his cause cannot assign for error, on appeal, the failure of the court to frame and submit such issues.\n2. It is error to order the making of title to property disposed of at a judicial sale, prior to the commissioner\u2019s report of such sale, and its confirmation.\n(M\u00e9bane v. M\u00e9bane, 80 N. C., 34; Kidder v. McBhenny, 81 N. C., 123; Harris v. Bryant, 83 N. C., 568; -Foushee \\. Durham, 84 N. C., 56, cited and approved.)\nCivil ActioN tried at Fall Term, 1881, of Mecklenburg Superior Court, before Avery, J.\nJudgment for plaintiff, appeal by defendant.\nMessrs. [Fifeon & Son, for plaintiff.\nMessrs. Dowd & Walker, Pittman and Burwell, for defendant." }, "file_name": "0275-01", "first_page_order": 287, "last_page_order": 289 }