reglab/housing_qa huggingface dataset:
NC Gen Stat § 1-314 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-314 - Variance between judgment and execution.

 1-314. Variance between judgment and execution.When property has been sold by an officer by virtue of an execution or other process commanding sale, no variance between the execution and the judgment whereon it was issued, in the sum due, in the manner in which it is due, or in the time when it is due, invalidates or affects the title of the purchaser of such property. (1848, c. 53; R.C., c. 44, s. 13; Code, s. 1347; Rev., s. 628; C.S., s. 676.)
NC Gen Stat § 1-315 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-315 - Property liable to sale under execution; bill of sale.

 1-315. Property liable to sale under execution; bill of sale.(a) The following property of the judgment debtor, not exempted from sale under the Constitution and laws of this State, may be levied on and sold under execution:(1) Goods, chattels, and real property belonging to him.(2) Leasehold estates of three years duration or more owned by him.(3) Equitable and legal rights of redemption in personal and real property pledged or mortgaged by him, or transferred to a trustee for security by him.(4) Real property or goods and chattels of which any person is seized or possessed in trust for him.(5) Choses in action represented by instruments which are indispensable to the chose in action.(6) Choses in action represented by indispensable instruments, which are secured by any interest in property, together with the security interest in property.(7) Interests as vendee under conditional sales contracts of personal property.(b) Upon the sale under execution of any property or interest for which no provision is otherwise made under this article for the furnishing of a deed or other instrument of title, the officer holding the sale shall execute and deliver to the purchaser a bill of sale.(c) No execution shall be levied on growing crops until they are matured. (5 Geo. II, c. 7, s. 4; 1777, c. 115, s. 29, P.R.; 1812, c. 830, ss. 1, 2, P.R.; 1822, c. 1172, P.R.; 1844, c. 35; R.C., c. 45, ss. 1-5, 11; Code, ss. 450, 453; Rev., ss. 629, 632; 1919, c. 30; C.S., s. 677; 1961, c. 81.)
NC Gen Stat § 1-316 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-316 - Sale of trust estates; purchaser's title.

 1-316. Sale of trust estates; purchaser's title.Upon the sale under execution of trust estates whereof the judgment debtor is beneficiary the sheriff shall execute a deed to the purchaser, and the purchaser thereof shall hold and enjoy the same freed and discharged from all encumbrances of the trustee. (1812, c. 830, P.R.; R.C., c. 45, s. 4; Code, s. 452; Rev., s. 630; C.S., s. 678.)
NC Gen Stat § 1-317 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-317 - Sheriff's deed on sale of equity of redemption.

 1-317. Sheriff's deed on sale of equity of redemption.The sheriff selling equitable and legal rights of redemption shall set forth in the deed to the purchaser thereof that the said estates were under mortgage at the time of judgment, or levy in the case of personal property and sale. (1812, c. 830, s. 2, P.R.; 1822, c. 1172, P.R.; R.C., c. 45, s. 5; Code, s. 451; Rev., s. 631; C.S., s. 679.)
NC Gen Stat § 1-318 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-318 - Forthcoming bond for personal property.

 1-318. Forthcoming bond for personal property.If a sheriff or other officer who has levied an execution or other process upon personal property permits it to remain with the possessor, the officer may take a bond, attested by a credible witness, for the forthcoming thereof to answer the execution or process; but the officer remains, nevertheless, in all respects liable as heretofore to the plaintiff's claim. (1807, c. 731, s. 3, P.R.; 1828, c. 12, s. 2; R.C., c. 45, s. 21; Code, s. 463; Rev., s. 633; C.S., s. 680.)
NC Gen Stat § 1-319 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-319 - Procedure on giving bond; subsequent levies.

 1-319. Procedure on giving bond; subsequent levies.When the forthcoming bond is taken the officer must specify therein the property levied upon and furnished to the surety a list of the property in writing under his hand, attested by at least one credible witness, and stating therein the day of sale. The property levied upon is deemed in the custody of the surety, as the bailee of the officer. All other executions thereafter levied on this property create a lien on the same from and after the respective levies, and shall be satisfied accordingly out of the proceeds of the sale of the property; but the officer thereafter levying shall not take the property out of the custody of the surety. But in all such cases sales of chattels shall take place within thirty days after the first levy; and if sale is not made within that time any other officer who has levied upon the property may seize and sell it. (1844, c. 34; 1846, c. 50; R.C., c. 45, s. 22; Code, s. 464; Rev., s. 634; C.S., s. 682.)
NC Gen Stat § 1-320 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-320 - Summary remedy on forthcoming bond.

 1-320. Summary remedy on forthcoming bond.If the condition of such bond be broken, the sheriff or other officer, on giving 10 days' previous notice in writing to any obligor therein, may on motion have judgment against him in a summary manner, before the superior court or before the district court, as the case may be, of the county in which the officer resides, for all damages which the officer has sustained, or may be adjudged liable to sustain, not exceeding the penalty of the bond, to be ascertained by a jury, under the direction of the court. (1822, c. 1141, P.R.; R.C., c. 45, s. 23; Code, s. 465; Rev., s. 635; C.S., s. 681; 1971, c. 268, s. 14.)
NC Gen Stat § 1-321 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-321 - Entry of returns on judgment docket; penalty.

 1-321. Entry of returns on judgment docket; penalty.When an execution is returned, the return of the sheriff or other officer must be noted by the clerk on the judgment docket; and when it is returned wholly or partially satisfied, it is the duty of the clerk of the court to which it is returned to send a copy of such last-mentioned return, under his hand, to the clerk of the superior court of each county in which such judgment is docketed, who must note such copy in his judgment docket, opposite the judgment, and file the copy with the transcript of the docket of the judgment in his office. A clerk failing to send a copy of the payments on the execution or judgment to the clerks of the superior court of the counties wherein a transcript of the judgment has been docketed, and a clerk failing to note said payment on the judgment docket of his court, shall, on motion, be fined one hundred dollars ($100.00) nisi, and the judgment shall be made absolute upon notice to show cause at the succeeding session of the superior court of his county. (1871-2, c. 74, s. 2; 1881, c. 75; Code, s. 445; Rev., s. 636; C.S., s. 683; 1971, c. 381, s. 12.)
NC Gen Stat § 1-322 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-322 - Cost of keeping livestock; officer's account.

 1-322. Cost of keeping livestock; officer's account.The court shall make a reasonable allowance to officers for keeping and maintaining horses, cattle, hogs, or sheep, and all other property taken into their custody under legal process, the keeping of which is chargeable to them; and this allowance may be retained by the officers out of the sales of the property, in preference to the satisfaction of the process under which the property was seized or sold. The officer must make out his account and, if required, give the debtor or his agent a copy of it, signed by his own hand, and must return the account with the execution or other process, under which the property has been seized or sold, to the court to whom the execution or process is returnable, and shall swear to the correctness of the several items set forth; otherwise he shall not be permitted to retain the allowance. (1807, c. 731, P.R.; R.C., c. 45, ss. 25, 26; Code, ss. 466, 467; Rev., ss. 637, 638; C.S., s. 684; 1971, c. 268, s. 15.)
NC Gen Stat § 1-323 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-323 - Purchaser of defective title; remedy against defendant.

 1-323. Purchaser of defective title; remedy against defendant.Where real or personal property is sold on any execution or decree, by any officer authorized to make the sale, and the sale is made legally and in good faith, and the property did not belong to the person against whose estate the execution or decree was issued, by reason of which the purchaser has been deprived of the property, or been compelled to pay damages in lieu thereof to the owner, the purchaser, his executors or administrators, may sue the person against whom such execution or decree was issued, or the person legally representing him, in a civil action, and recover such sum as he may have paid for the property, with interest from the time of payment; but the property, if personal, must be present at the sale and actually delivered to the purchaser. (1807, c. 723, P.R.; R.C., c. 45, s. 27; Code, s. 468; Rev., s. 639; C.S., s. 685.)
NC Gen Stat § 1-324.1 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-324.1 - Judgment against corporation; property subject to execution.

 1-324.1. Judgment against corporation; property subject to execution.If a judgment is rendered against a corporation, the plaintiff may sue out such executions against its property as is provided by law to be issued against the property of natural persons, which executions may be levied as well on the current money as on the goods, chattels, lands and tenements of such corporation. (1901, c. 2, s. 66; Rev., s. 1212; C.S., s. 1201; 1955, c. 1371, s. 2.)
NC Gen Stat § 1-324.2 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-324.2 - Agent must furnish information as to corporate officers and property.

 1-324.2. Agent must furnish information as to corporate officers and property.Every agent or person having charge or control of any property of the corporation, on request of a public officer having for service a writ of execution against it, shall furnish to him the names of the directors and officers thereof, and a schedule of all its property, including debts due or to become due, so far as he has knowledge of the same. (1901, c. 2, s. 67; Rev., s. 1213; C.S., s. 1202; 1955, c. 1371, s. 2.)
NC Gen Stat § 1-324.3 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-324.3 - Shares subject to execution; agent must furnish information.

 1-324.3. Shares subject to execution; agent must furnish information.Any share or interest in any bank, insurance company, or other joint stock company, that is or may be incorporated under the authority of this State, or incorporated or established under the authority of the United States, belonging to the defendant in execution, may be taken and sold by virtue of such execution in the same manner as goods and chattels. The clerk, cashier, or other officer of such company who has at the time the custody of the books of the company shall, upon being shown the writ of execution, give to the officer having it a certificate of the number of shares or amount of the interest held by the defendant in the company; and if he neglects or refuses to do so, or if he willfully gives a false certificate, he shall be liable to the plaintiff for the amount due on the execution, with costs. (1901, c. 2, ss. 69, 70; Rev., ss. 1214, 1215; C.S., s. 1203; 1955, c. 1371, s. 2.)
NC Gen Stat § 1-324.4 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-324.4 - Debts due corporation subject to execution; duty, etc., of agent.

 1-324.4. Debts due corporation subject to execution; duty, etc., of agent.If an officer holding an execution is unable to find other property belonging to the corporation liable to execution, he or the judgment creditor may elect to satisfy such execution in whole or in part out of any debts due the corporation, and it is the duty of any agent or person having custody of any evidence of such debt to deliver it to the officer, for the use of the creditor and such delivery, with a transfer to the officer in writing, for the use of the creditor and notice to the debtor, shall be a valid assignment thereof, and the creditor may sue for and collect the same in the name of the corporation, subject to such equitable set-offs on the part of the debtor as in other assignments. Every agent or person who neglects or refuses to comply with the provisions of this section and G.S. 1-324.2 is liable to pay to the execution creditor the amount due on the execution, with costs. (1901, c. 2, s. 68; Rev., s. 1216; C.S., s. 1204; 1955, c. 1371, s. 2.)
NC Gen Stat § 1-324.5 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-324.5 - Violations of three preceding sections misdemeanor.

 1-324.5. Violations of three preceding sections misdemeanor.If any agent or person having charge or control of any property of a corporation, or any clerk, cashier, or other officer of a corporation, who has at the time the custody of the books of the company, or if any agent or person having custody of any evidence of debt due to a corporation, shall, on request of a public officer having in his hands for service an execution against the said corporation, willfully refuse to give to such officer the names of the directors and officers thereof, and a schedule of all its property, including debts due or to become due, or shall willfully refuse to give to such officer a certificate of the number of shares, or amount of interest held by such corporation in any other corporation, or shall willfully refuse to deliver to such officer any evidence of indebtedness due or to become due to such corporation, he shall be guilty of a Class 1 misdemeanor. (1901, c. 2, ss. 67, 68, 70; Rev., s. 3690; C.S., s. 1205; 1955, c. 1371, s. 2; 1993, c. 539, s. 1; 1994, Ex. Sess., c. 24, s. 14(c).)
NC Gen Stat § 1-324.6 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-324.6 - Proceedings when custodian of corporate books is a nonresident.

 1-324.6. Proceedings when custodian of corporate books is a nonresident.When the clerk, cashier, or other officer of any corporation incorporated under the laws of this State, who has the custody of the stock-registry books, is a nonresident of the State, it is the duty of the sheriff receiving a writ of execution issued out of any court of this State against the goods and chattels of a defendant in execution holding stock in such company to send by mail a notice in writing, directed to the nonresident clerk, cashier, or other officer at the post office nearest his reputed place of residence, stating in the notice that he, the sheriff, holds the writ of execution, and out of what court, at whose suit, for what amount, and against whose goods and chattels the writ has been issued, and that by virtue of such writ he seizes and levies upon all the shares of stock of the company held by the defendant in execution on the day of the date of such written notice. It is also the duty of the sheriff on the day of mailing the notice to affix and set upon any office or place of business of such company, within his county, a like notice in writing, and on the same day to serve like notice in writing upon the president and directors of the company, or upon such of them as reside in his county, either personally or by leaving the same at their respective places of abode. The sending, setting up, and serving of such notices in the manner aforesaid constitute a valid levy of the writ upon all shares of stock in such company held by the defendant in execution, which have not at the time of the receipt of the notice by the clerk, cashier, or other officer, who has custody of the stock-registry books, been actually transferred by the defendant, and thereafter any transfer or sale of such shares by the defendant in execution is void as against the plaintiff in the execution, or any purchaser of such stock at any sale thereunder. (1901, c. 2, s. 71; Rev., s. 1217; C.S., s. 1206; 1955, c. 1371, s. 2.)
NC Gen Stat § 1-324.7 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 28 - Execution.|§ 1-324.7 - Duty and liability of nonresident custodian.

 1-324.7. Duty and liability of nonresident custodian.The nonresident clerk, cashier, or other officer in such corporation, to whom notice in writing is sent as prescribed in G.S. 1-324.6, shall send forthwith to the officer having the writ, a statement of the time when he received the notice and a certificate of the number of shares held by the defendant in the corporation at the time of the receipt, not actually transferred on the books of the corporation, and the sheriff, or other officer, on receipt by him of this certificate, shall insert the number of shares in the inventory attached to the writ. If the clerk, cashier, or other officer in such corporation neglects to send the certificate as aforesaid or willfully sends a false one, he is liable to the plaintiff for double the amount of damages occasioned by his neglect, or false certificate, to be recovered in an action against him, but the neglect to send, or miscarriage of the certificate, does not impair the validity of the levy upon the stock. (1901, c. 2, s. 72; Rev., s. 1218; C.S., s. 1207; 1955, c. 1371, s. 2.)
NC Gen Stat § 1-329 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29 - Execution and Judicial Sales.|§ 1-329 - Transferred to § 1-339.72 by Session Laws 1949, c. 719, s. 3.

 1-329. Transferred to 1-339.72 by Session Laws 1949, c. 719, s. 3.
NC Gen Stat § 1-331 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29 - Execution and Judicial Sales.|§ 1-331 - Transferred to § 1-339.73 by Session Laws 1949, c. 719, s. 3.

 1-331. Transferred to 1-339.73 by Session Laws 1949, c. 719, s. 3.
NC Gen Stat § 1-332 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29 - Execution and Judicial Sales.|§ 1-332 - Transferred to § 1-339.74 by Session Laws 1949, c. 719, s. 3.

 1-332. Transferred to 1-339.74 by Session Laws 1949, c. 719, s. 3.
NC Gen Stat § 1-335 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29 - Execution and Judicial Sales.|§ 1-335 - Transferred to § 1-339.75 by Session Laws 1949, c. 719, s. 3.

 1-335. Transferred to 1-339.75 by Session Laws 1949, c. 719, s. 3.
NC Gen Stat § 1-337 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29 - Execution and Judicial Sales.|§ 1-337 - Transferred to § 1-339.49 by Session Laws 1949, c. 719, s. 2.

 1-337. Transferred to 1-339.49 by Session Laws 1949, c. 719, s. 2.
NC Gen Stat § 1-338 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29 - Execution and Judicial Sales.|§ 1-338 - Transferred to § 1-339.50 by Session Laws 1949, c. 719, s. 2.

 1-338. Transferred to 1-339.50 by Session Laws 1949, c. 719, s. 2.
NC Gen Stat § 1-339.1 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.1 - Definitions.

 1-339.1. Definitions.(a) A judicial sale is a sale of property made pursuant to an order of a judge or clerk in an action or proceeding in the superior or district court, including a sale pursuant to an order made in an action in court to foreclose a mortgage or deed of trust, but is not(1) A sale made pursuant to a power of salea. Contained in a mortgage, deed of trust, or conditional sale contract, orb. Granted by statute with respect to a mortgage, deed of trust, or conditional sale contract, or(2) A resale ordered with respect to any sale described in subsection (a)(1), where such original sale was not held under a court order, or(3) An execution sale, or(4) A sale ordered in a criminal action, or(5) A tax foreclosure sale, or(6) A sale made pursuant to Article 15 of Chapter 35A of the General Statutes, relating to sales of estates held by the entireties when one or both spouses are mentally incompetent, or(7) A sale made in the course of liquidation of a bank pursuant to Article 9 of Chapter 53C of the General Statutes, or(8) A sale made in the course of liquidation of an insurance company pursuant to Article 30 of Chapter 58 of the General Statutes, or(8a) A lease, sale, or exchange made pursuant to G.S. 35A-1251(17) or G.S. 35A-1252(14), unless any order thereunder requires, or(9) Any other sale the procedure for which is specially provided by any statute other than this Article.(b) As hereafter used in this Article, "sale" means a judicial sale.  (1949, c. 719, s. 1; 1971, c. 268, s. 16; 1987, c. 550, s. 12; 1989, c. 473, s. 10; 2003-221, s. 4; 2012-56, s. 5.)
NC Gen Stat § 1-339.2 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.2 - Application of Part 1.

 1-339.2. Application of Part 1.The provisions of Part 1 of this Article apply to both public and private sales except where otherwise indicated. (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.3 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.3 - Application of Article to sale ordered by clerk; by judge; authority to fix procedural details.

 1-339.3. Application of Article to sale ordered by clerk; by judge; authority to fix procedural details.(a) The procedure prescribed by this Article applies to all sales ordered by a clerk of the superior court.(b) The procedure prescribed by this Article applies to all sales ordered by a judge of the superior or district court, except that the judge having jurisdiction may, upon a finding and a recital in the order of sale of the necessity or advisability thereof, vary the procedure from that herein prescribed, but not inconsistently with G.S. 1-339.6 restricting the place of sale of real property.(c) The judge or clerk of court having jurisdiction has authority to fix and determine all necessary procedural details with respect to sales in all instances in which this Article fails to make definite provisions as to such procedure. (1949, c. 719, s. 1; 1971, c. 268, ss. 17, 18; 2001-271, s. 1.)
NC Gen Stat § 1-339.3A (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.3A - Judge or clerk may order public or private sale.

 1-339.3A. Judge or clerk may order public or private sale.The judge or clerk of court having jurisdiction has authority in his discretion to determine whether a sale of either real or personal property shall be a public or private sale and whether a public sale of timber shall be by auction or by sealed bid. Any private sale conducted under an order issued prior to July 1, 1955 by a judge or clerk of court having jurisdiction is hereby validated as to the order that the sale be a private sale. (1955, c. 74; 1971, c. 268, s. 18; 1997-83, s. 1.)