B. M. Isler v. . John S. Andrews
Supreme Court of North Carolina
This was a rule nisi originally obtained on O. R. Colgrove, late sheriff of Jones, requiring him to show cause why he ■should not execute a deed as sheriff, to the plaintiff for a tract of land sold by him under execution.
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This was a rule nisi originally obtained on O. R. Colgrove, late sheriff of Jones, requiring him to show cause why he ■should not execute a deed as sheriff, to the plaintiff for a tract of land sold by him under execution. The salient facts necessary to a proper understanding of the controversy, appear to be: that on the 2d day of January, 1869, said Colgrove having in his hands sundry executions, amongst which was one in favor of the plaintiff, which had priority of satisfaction, sold the land and It was knocked down to the plaintiff at a sum less than his execution called for; he offered to…
1Opinion of the Court
RodmáN, J.
Tiie plaintiff obtained a rale on the present Sheriff of Jones county to show cause why he should not make to the plaintiff a conveyance for a piece of land purchased by plaintiff at an execution sale, made, in 1889, by O. R. Col-grove, then Sheriff of Jones county. The Judge finds in Substance, that the Sheriff Colgrove sold the property of one Harrison at the time alleged, that he then had in his hands a ven. ex. in favor of plaintiff against Harrison, and also several other executions in favor of junior teste; that plaintiff bid off the land for a sum less than the amount of his…
2Cited by5 opinions
- Edwards v. . TiptonSupreme Court of North Carolina · 1877
- Patterson v. Portland Smelting WorksOregon Supreme Court · 1899
- Isler v. . ColgroveSupreme Court of North Carolina · 1876
- Millsaps v. . McCormickSupreme Court of North Carolina · 1874
- Harris v. . IrwinSupreme Court of North Carolina · 1847