1. If by consent a large quantity of effects are put up together, sold at one bid and purchased by the plaintiff, who concludes with the defendant to defeat the claims of the other creditors, the sale is void.
2. A purchaser at an execution sale is not affected by the irregular conduct of the officer.
HAYWOOD, J.
Supposing the constable to have sold in the manner here stated, of his own accord, though the sale was irregular, still the property vested in the vendee; but if he sold pursuant to an agreement between Brodie and Finch, then the unusual manner of the sale, and the setting up of all the goods at once to be disposed of, at one bid (especially in this underhand way, to make the goods sell at a great undervalue and consequently to disappoint some creditor who afterwards might have claimed satisfaction of his debt also), was an evidence of fraud which is to be collected from circumstances, and will vitiate the sale in toto.
Verdict and judgment for the defendant.
NOTE. — On the first point, see Jones v. Fulgham, 6 N.C. 364. On the other point, see Blount v. Mitchell, ante, 85, and the note thereto.
Cited: Woodley v. Gilliam, 67 N.C. 237; Davis v. Keen, 142 N.C. 504; Weir v. Weir, 196 N.C. 270.
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