Wade v. Sanders
Supreme Court of North Carolina
This is the same as the preceding case, in which the facts are fully stated. In the preceding, the appeal of the defendants is considered; this comes up upon the appeal of the plaintiffs.
1Opinion of the Court
PeáRSON, C. J.
Appeal by plaintiffs. An action 'is instituted by a purchaser at Sheriff’s sale, against the defendant in the execution, to recover posession of the land and damages for withholding it. The right of the plaintiff, to have judgment, as a matter of course, had been long settled by the cases in this State. But notwithstanding this well established principle, the counsel of the defendant offered to read in evidence *a deed by which the debtor purported to convey the land to his son Jesse A. Sanders, prior to the sale made by the sheriff!
His Honor instead of rejecting the evidence…
2Cited by15 opinions
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
- Abbott and Foster v. . CromartieSupreme Court of North Carolina · 1875
- W. F. Kornegay & Co. v. Farmers & Merchants' Steamboat Co.Supreme Court of North Carolina · 1890
- Cecil v. . SmithSupreme Court of North Carolina · 1879
- Moore v. . MassengillSupreme Court of North Carolina · 1947
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