G A. Gambrill Manufacturing Co. v. Wilcox
Supreme Court of North Carolina
Civil Action, tried at Spring Term, 1892, of Pasquotank Superior Court, Shuford, J., presiding. The following are the facts: On the 6th day of March, 1891, George & Co. recovered judgments against R. D. Williams, and on the same day docketed them in the Superior Court of Pasquotank County.
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Civil Action, tried at Spring Term, 1892, of Pasquotank Superior Court, Shuford, J., presiding. The following are the facts: On the 6th day of March, 1891, George & Co. recovered judgments against R. D. Williams, and on the same day docketed them in the Superior Court of Pasquotank County. Upon these judgments executions issued to the defendant Wilcox, Sheriff of Pasquotank County, on the 23d of May, 1891, who sold the land of Williams on the 6th of July, 1891, for a sufficient sum to pay these executions in full, and in excess thereof the sum of $50.77. The 15th day of March, 1891, the…
1Opinion of the Court
Clark, J.:
In Cannon v. Parker, 81 N. C., 320, it is decided that the effect of a sale under a junior judgment is to pass the debtor’s estate encumbered with the lien of an older docketed judgment, and of a sale under both to vest the title in the purchaser and transfer the liens, in the same order of priority, to the proceeds of sale. That case is decisive of this. It was not necessary that execution should have been issued on the plaintiff’s judgment, which was the next in priority of docketing. It is the docketing of a judgment, and not the issuing or levy of an execution, which creates the…
2Cases cited7 opinions
- Murchison v. . WilliamsSupreme Court of North Carolina · 1874
- Holman v. . MillerSupreme Court of North Carolina · 1889
- Sawyers v. . SawyersSupreme Court of North Carolina · 1885
- Burton v. . Spiers and ClarkSupreme Court of North Carolina · 1885
- Mauney v. . HolmesSupreme Court of North Carolina · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bernhardt v. . BrownSupreme Court of North Carolina · 1896
- Bernhardt v. BrownSupreme Court of North Carolina · 1896
- Gammon v. . JohnsonSupreme Court of North Carolina · 1900
- Rose's Stores, Inc. v. Tarrytown Center, Inc.Supreme Court of North Carolina · 1967
- Baruch v. . LongSupreme Court of North Carolina · 1895
5 more not listed; retrieve them via the Exa API.