Taylor v. . Taylor
Supreme Court of North Carolina
' Civil Action to recover land tried at Spring Term, 1880, of Polk Superior Court, before McKoy, J. The plaintiff claimed title to the land under a deed made by the sheriff of Polk county,'by virtue of a sale had by him under an execution issued from the superior court of-Rutherford county, on a judgment rendered in that court in the year 1869, in an action commenced in 1867, in behalf of the present plaintiff against' E. D. Taylor, a resident of Polk county, and others, at…
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' Civil Action to recover land tried at Spring Term, 1880, of Polk Superior Court, before McKoy, J. The plaintiff claimed title to the land under a deed made by the sheriff of Polk county,'by virtue of a sale had by him under an execution issued from the superior court of-Rutherford county, on a judgment rendered in that court in the year 1869, in an action commenced in 1867, in behalf of the present plaintiff against' E. D. Taylor, a resident of Polk county, and others, at which sale the plaintiff became the purchaser. The plaintiff-in support of his title produced in evidence a transcript…
1Opinion of the CourtAshe, J.
In making up the case for this court, the transcript of the superior court of Rutherford was assumed by the counsel of both parties to contain a correct statement of the facts it purported to set forth, and we must presume that they are truly stated.
There were a good many points raised by. the counsel for the defence, but it is only necessary for the purpose of this appeal that we should notice one of them. The fact that the execution which was issued from the superior court of Rutherford to the sheriff of Polk county was without a seal of the court, is.fatal to the plaintiff’s action.
By the…
2Cited by4 opinions
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