NC General Statutes
N.C. Gen. Stat. § 1-291 (2026)
How judgment directing conveyance stayed
✓ current as of July 2026
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If the judgment appealed from directs the execution of a conveyance or other instrument, the execution of the judgment is not stayed by the appeal until the instrument has been executed and deposited with the clerk with whom the judgment is entered, to abide the judgment of the appellate court. (C.C.P., s. 306; Code, s. 556; Rev., s. 600; C.S., s. 652.)
Notes of Decisions
Cited in 3
cases, 2008–2014 · leading case: Meares v. Town of Beaufort, 667 S.E.2d 244 (N.C. Ct. App. 2008).
Meares v. Town of Beaufort, 667 S.E.2d 244 (N.C. Ct. App. 2008). “Under North Carolina General Statute section 1-291, [i]f the judgment appealed from directs the execution of a conveyance or other instrument, the execution of the judgment is not stayed by the appeal until the instrument has been executed and deposited with the clerk with whom…”
Babb v. Graham, 660 S.E.2d 626 (N.C. Ct. App. 2008). “1-290, G.S. 1-291, G.S. 1-292, G.S. 1-293, G.S. 1-294, and G.”
130 of Chatham, LLC v. Rutherford Elec. Membership Corp., 2014 NCBC 35 (N.C. Bus. Ct. 2014). “The Court of Appeals rejected the appellant’s argument, holding “[w]e do not read N.C.G.S. § 1-291 to require that a stay is compelled upon satisfaction of the criteria under N.”
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