Shamburger v. . Kennedy

On the trial in the court below, his Honor, Judge Norwood, was of opinion that the deed from McNeil, whether he were considered as sheriff, acting under the authority of the writ, or as the agent of the defendant's intestate, under the parol agreement, was sufficient under the circumstances to pass the title, and directed a nonsuit, whereupon the plaintiff appealed. The deed executed by McNeil, the sheriff, to the plaintiff, being an official act, conveyed a good and valid title. Smith v. Kelly, 7 N.C. 507. In the other view of the case taken by the judge, supposing the sheriff did not act…