Buie v. . Scott
Supreme Court of North Carolina
Civil action' for the recovery of land, heard before Winston, J., at November Term, 1892, of Cumberland Superior Court. The land was sold and conveyed to plaintiff1 in 1884 by the Sheriff of Cumberland County under an execution which issued in 1882 on a judgment in favor of the plaintiff against the deceased husband of the defendant, rendered by a Justice of the Peace in 1873, and duly docketed in the Superior Court.
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Civil action' for the recovery of land, heard before Winston, J., at November Term, 1892, of Cumberland Superior Court. The land was sold and conveyed to plaintiff1 in 1884 by the Sheriff of Cumberland County under an execution which issued in 1882 on a judgment in favor of the plaintiff against the deceased husband of the defendant, rendered by a Justice of the Peace in 1873, and duly docketed in the Superior Court. Neither the judgment nor the Sheriff’s deed showed that the judgment was given on a note executed prior to 1868. The defendant insisted that she was entitled to a homestead in…
1Opinion of the Court
ClaiíK, J.:
It was competent to show by parol testimony that the note upon which the judgment was rendered (under which the land was sold) was executed prior to 1868. Dail v. Sugg, 85 N. C., 104. In that case, as in this, the judgment had been rendered in the Justice’s Court, but docketed in the Superior Court, and the original papers lost. When this case was here before (107 N. C., 181) this evidence was rejected because the witness by whom it was then offered to prove this fact was incompetent under The Code, §590. So, also, it was held that it could be shown by parol that the judgment was…
2Cases cited6 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Dickens v. . LongSupreme Court of North Carolina · 1891
- Buie v. . ScottSupreme Court of North Carolina · 1890
- Dail v. . SuggSupreme Court of North Carolina · 1881
- Durham v. . WilsonSupreme Court of North Carolina · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Davis v. Evans.Supreme Court of North Carolina · 1906