Bristol v. Hallyburton
Supreme Court of North Carolina
Execution — Injunction— Contingent Remainder. Civil Action tried before Avery, Judge, at August- Term, 1885, of the Superior Court of Burke County.
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Execution — Injunction— Contingent Remainder. Civil Action tried before Avery, Judge, at August- Term, 1885, of the Superior Court of Burke County. This was an application based upon the affidavits of the defendants, to enjoin the sheriff of Burke county from selliug the interest of the defendants in a certain tract of land in the county of Burke, and described in their affidavit-. It was alleged that the plaintiff' Bristol had obtained a judgment against the defendants at the August Term, 1867, of Burke Superior Court, and issued an execution thereon on the 11th day of May, 1885, to the…
1Opinion of the Court
Ashjg, J.,
(after stating the facts). The appeal in this case is taken from an order of the Judge at Chambers making perpetual ■an injunction, upon the hearing of a motion by the appellant to dissolve the same.
Upon a review of the record presented to us, and upon consideration of the ruling of his Honor, we think he erred in refusing to dissolve the injunction. The application to stay the execution, regularly issued upon a judgment at law, because the sheriff has levied upon property not subject to the execution, or because the property belong to another than the defendant in the judgment, is…
2Cases cited2 opinions
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3Cited by12 opinions
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- Hodges v. Lipscomb.Supreme Court of North Carolina · 1901
- Spence v. . Pottery Co.Supreme Court of North Carolina · 1923
- Bostic v. . YoungSupreme Court of North Carolina · 1895
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