Doe on Dem. of Barden v. M'Kinne
Supreme Court of North Carolina
From Wayne. Ejectment, tried before Ruffin Judge. — Plaintiff claimed title to the lands described in his declaration, as follows: — George Bradbury recovered a judgment in Wayne County Court, at May Term, 1820, against the Defendant William, M'ICinne, for S1096 33, with interest thereon and costs, on which judgment a fi.ja. issued, tested of May Term, 1820, returnable to the succeeding August Term ; this was delivered to the Sheriff on the 27th of May, 1820 ; upon which…
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From Wayne. Ejectment, tried before Ruffin Judge. — Plaintiff claimed title to the lands described in his declaration, as follows: — George Bradbury recovered a judgment in Wayne County Court, at May Term, 1820, against the Defendant William, M'ICinne, for S1096 33, with interest thereon and costs, on which judgment a fi.ja. issued, tested of May Term, 1820, returnable to the succeeding August Term ; this was delivered to the Sheriff on the 27th of May, 1820 ; upon which writ (it never having been returned, nor any other execution having been issued on said judgment) the land in dispute was…
1Opinion of the Court
Tayxoe C. J. —
It is not necessary to the decision of this case, to express any opinion as to the levy upon the land; if it were, I should think that the sufficiency of the levy might well be doubted. How7, or in what manner it was performed by the Sheriff, whether by going to the land, and making a declaration of it, or by a silent and mental volition, does not appear$ but it does appear, that no notice was given of it, and that the endorsement Upon the execution was made after the writ was dead in law7. It would lead to endless abuses, if a Sheriff could make a levy, simply by an endorsement…
2Cited by6 opinions
- Newberry v. Davison Chemical Co.Court of Appeals for the Fourth Circuit · 1933
- Clifton v. OwensSupreme Court of North Carolina · 1916
- Clifton v. . OwensSupreme Court of North Carolina · 1916
- Jeffreys v. . HocuttSupreme Court of North Carolina · 1927
- Gardner v. . McDonaldSupreme Court of North Carolina · 1943
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