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NC General Statutes

N.C. Gen. Stat. § 1-292 (2026)

How judgment for real property stayed

✓ current as of July 2026
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If the judgment appealed from directs the sale or delivery of possession of real property, the execution is not stayed, unless a bond is executed on the part of the appellant, with one or more sureties, to the effect that, during his possession of such property, he will not commit, or suffer to be committed, any waste thereon, and that if the judgment is affirmed he will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of possession thereof pursuant to the judgment, not exceeding a sum to be fixed by a judge of the court by which judgment was rendered and which must be specified in the undertaking. When the judgment is for the sale of mortgaged premises, and the payment of a deficiency arising upon the sale, the undertaking must also provide for the payment of this deficiency. (C.C.P., s. 307; Code, s. 557; Rev., s. 601; C.S., s. 653.)

 

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1977–2025 · leading case: Currituck Assocs.-Residential P'ship v. Hollowell, 612 S.E.2d 386 (N.C. Ct. App. 2005).
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Currituck Assocs.-Residential P'ship v. Hollowell, 612 S.E.2d 386 (N.C. Ct. App. 2005). · cites it 14× “and Shallowbag Bay Development Company, LLC appeal the trial court’s orders setting the amount of an appeal bond under N.C. Gen. Stat. § 1-292 (2003). 1 While we agree with appellants that the record currently contains insufficient evidence to support the $1 million bond ordered…”
Venture Props. I, LLC v. Anderson, 463 S.E.2d 795 (N.C. Ct. App. 1995). · cites it 18× “Therefore, N.C.Gen.Stat. § 1-292 must be complied with notwithstanding defendant's appeal rights under Rule 62.”
In Re Hackley, 713 S.E.2d 119 (N.C. Ct. App. 2011). · cites it 6× “§ 1-292 to stay the execution of the judgment of the trial court, [and] the Secured Creditor proceeded by holding a valid foreclosure sale on April 19, 2010[;]" that this foreclosure sale "fixed" the rights of the parties as to the subject real property; and therefore, "rendered…”
Jones v. Robbins, 660 S.E.2d 118 (N.C. Ct. App. 2008). · cites it 8× “On 1 November 2006, Judge Lewis entered an order denying petitioners’ motion, but holding that the judgment entered on 23 August 2006 was a judgment under N.C. Gen. Stat. § 1-292 , and that if Corbett Industries desired to stay execution of the judgment, it was required to post…”
Dowd v. Johnson, 760 S.E.2d 79 (N.C. Ct. App. 2014). · cites it 6× “Plaintiffs contend that the bond imposed was appropriate under N.C. Gen. Stat. § 1-292 , which requires an appellant to execute a bond of “a sum to be fixed by a judge” in order to stay execution of a judgment “direct[ing] the sale or delivery of possession of real property.”
In re the Foreclosure of the Deed of Trust of Hackley, 713 S.E.2d 119 (N.C. Ct. App. 2011). · cites it 6× “§ 1-292 to stay the execution of the judgment of the trial court, [and] the Secured Creditor proceeded by holding a valid foreclosure sale on April 19, 2010[;]” that this foreclosure sale “fixed” the rights of the parties as to the subject real property; and therefore, “rendered…”
In Re Cornblum, 727 S.E.2d 338 (N.C. Ct. App. 2012). · cites it 7× “2d 119, 125 (applying N.C. Gen.Stat. § 1-292 to a foreclosure action), disc.”
In Re the Deed of Trust of Simon, 243 S.E.2d 163 (N.C. Ct. App. 1978). · cites it 6× “16 but that the subsequent $82,000 bond was issued pursuant to G.S. 1-292. We agree. What is now G.S. 45-21.”
Ross v. Ross (now Osborne), 669 S.E.2d 828 (N.C. Ct. App. 2008). · cites it 2× “Ross (“plaintiff-husband”) appeals the trial court’s order setting the amount of an appeal bond pursuant to N.C. Gen. Stat. § 1-292 (2007). Defendant-wife, Linda O.”
Babb v. Graham, 660 S.E.2d 626 (N.C. Ct. App. 2008). “1-291, G.S. 1-292, G.S. 1-293, G.S. 1-294, and G.”
Nugent v. Beckham, 260 S.E.2d 172 (N.C. Ct. App. 1979). · cites it 4× “N.C. Gen. Stat. § 1-292 clearly contemplates that the seller must compensate the buyer for the buyer’s loss of use and occupation of the property pending an appeal in which a judgment and decree ordering sale and possession to buyer is affirmed.”
Usher v. Waters Ins. & Rlty. Co., Inc., 438 F. Supp. 1215 (W.D.N.C. 1977). · cites it 3× “” (b) N.C.G.S. § 1-292, in all cases involving real property, except summary ejectment, allows the appellant to execute a bond, with one or more sureties, “to the effect that .”
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