1-292. How judgment for real property stayed.
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.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-268 - Writs of error abolished.
§ 1-269 - Certiorari, recordari, and supersedeas.
§ 1-270 - Appeal to appellate division; security on appeal; stay.
§ 1-277 - Appeal from superior or district court judge.
§ 1-278 - Interlocutory orders reviewed on appeal from judgment.
§ 1-281 - Appeals from judgments not in session.
§ 1-285 - Undertaking on appeal.
§ 1-286 - Justification of sureties.
§ 1-288 - Appeals by indigents; clerk's fees.
§ 1-289 - Undertaking to stay execution on money judgment.
§ 1-290 - How judgment for personal property stayed.
§ 1-291 - How judgment directing conveyance stayed.
§ 1-292 - How judgment for real property stayed.
§ 1-293 - Docket entry of stay.
§ 1-294 - Scope of stay; security limited for fiduciaries.
§ 1-295 - Undertaking in one or more instruments; served on appellee.
§ 1-296 - Judgment not vacated by stay.
§ 1-297 - Judgment on appeal and on undertakings; restitution.