Hahn v. . Mosely
Supreme Court of North Carolina
Civil actiok, tried before Graham, J., at Spring Term, 1896, of CkaveN Superior Court. The defendant administrator had sold certain land of his intestate for the payment of debts, and held the proceeds, out of which the plaintiff sought by this action to have paid his judgment rendered and docketed against the decedent in his lifetime.
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Civil actiok, tried before Graham, J., at Spring Term, 1896, of CkaveN Superior Court. The defendant administrator had sold certain land of his intestate for the payment of debts, and held the proceeds, out of which the plaintiff sought by this action to have paid his judgment rendered and docketed against the decedent in his lifetime. The administrator claimed the proceeds should be applied to the payment of mortgages which he held and to the reimbursement of himself for taxes and insuiance which he had paid. In an action entitled “Simmons c& Manly v. Isaac Forbes etal.” ajudgment had been…
1Opinion of the Court
OlaRK, J. :
The object of the statute, The Code, Sec. 433, requiring an index and cross-index of judgments, is stated in Dewey v. Sugg, 109 N. C., 328, 334, to be that “ the inquirer is not required to look through the whole docket to learn if there be a judgment against a particular person. When there are several judgment debtors in a docketed judgment the index should and must specify the name of each one, because the index as to one would not point to all or any one of the others.” The docketing creates a lien, and the index and cross index are provided to facili tate the search for snch…
2Cases cited2 opinions
- Dewey v. . SuggSupreme Court of North Carolina · 1891
- Redmond v. . StatonSupreme Court of North Carolina · 1895
3Cited by2 opinions
- Trust Co. v. . CurrieSupreme Court of North Carolina · 1925
- Valentine v. Britton.Supreme Court of North Carolina · 1900