Albertson v. . Williams
Supreme Court of North Carolina
Civil action, tried before Clark, Judge, at November Term, 1886, of Duplin Superior Court. The defendant Thomas J. Carr, sheriff of Duplin county, and having in his hands executions against Samuel Houston, the intestate of the plaintiff, on the 4th Monday of September, 1862, by virtue thereof, sold at public sale according to law, a tract of land belonging to the judgment debtor to the defendant Harper Williams at the price of $5,000, bid by him.
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Civil action, tried before Clark, Judge, at November Term, 1886, of Duplin Superior Court. The defendant Thomas J. Carr, sheriff of Duplin county, and having in his hands executions against Samuel Houston, the intestate of the plaintiff, on the 4th Monday of September, 1862, by virtue thereof, sold at public sale according to law, a tract of land belonging to the judgment debtor to the defendant Harper Williams at the price of $5,000, bid by him. The purchaser paid of his bid to the sheriff $809.09, a sum sufficient to satisfy the executions and costs and no more, retaining the remainder in…
1Opinion of the Court
Sjiith, C. J.,
(after stating the facts). In all these transactions growing out of the sale of the intestate’s large and valuable tract of land, it is nowhere suggested that any part of the purchase money, beyond that used in payment of the executions, has been paid by the defendant Williams to-any one, and yet he claims the entire property as his own. It may be, that the clerk sold and he purchased for a sum only sufficient to pay his own claim and the costs attending the action. But of this there was no proof received or preferred at the trial. Williams may have acquired the legal title and…
2Cases cited3 opinions
- Long v. . JarrattSupreme Court of North Carolina · 1886
- Gay v. . StancellSupreme Court of North Carolina · 1877
- Miller v. . FeezorSupreme Court of North Carolina · 1880
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