State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-292

§1‑292.  How judgment for real property stayed.

If the judgment appealed fromdirects the sale or delivery of possession of real property, the execution isnot stayed, unless a bond is executed on the part of the appellant, with one ormore sureties, to the effect that, during his possession of such property, hewill not commit, or suffer to be committed, any waste thereon, and that if thejudgment is affirmed he will pay the value of the use and occupation of theproperty, from the time of the appeal until the delivery of possession thereofpursuant to the judgment, not exceeding a sum to be fixed by a judge of thecourt by which judgment was rendered and which must be specified in theundertaking. When the judgment is for the sale of mortgaged premises, and thepayment of a deficiency arising upon the sale, the undertaking must alsoprovide for the payment of this deficiency. (C.C.P., s. 307; Code, s.557; Rev., s. 601; C.S., s. 653.)