Richmond County v. . Simmons

Connor, J. The bid made by S. A. Lovan at the sale made by the commissioner on 6 September, 1934, although duly reported to the court, was not accepted. It was rejected when the order of resale was made by the clerk of the Superior Court under the provisions of O. S., 2591. In the absence of an acceptance of his bid and a confirmation by the court of the sale at which the bid was made, the bidder at a judicial sale, although the last and highest bidder, has no right in law or equity to be made a party to the action or proceeding in which the order of sale was made. When the resale in the instant case was ordered the bidder at the first sale was released from any and all obligations by reason of his bid. Koonce v. Fort, 204 N. C., 426, 168 S. E., 672. Until the acceptance of his bid and the confirmation of the sale at which the bid was made, the last and highest bidder at a judicial sale is merely a preferred bidder, with no rights in law or in equity by reason of his bid. Davis v. Central Life Ins. Co., 197 N. C., 617, 150 S. E., 120; Cherry v. Gilliam, 195 N. C., 233, 141 S. E., 594. As the movant in the instant case had no rights which he could have enforced in this action, it is immaterial to him whether or not there was error in the judgment o'f nonsuit. In no event was he entitled to a deed to the land described in the tax sale certificate for the foreclosure of which this action was instituted. There is no error in the order denying his motion. The order is Affirmed.