Long v. . Walker
Supreme Court of North Carolina
This was a civil action, tried at the May Term, 1889, of the Superior Court of Iredell County, before Brown, J. The plaintiff claimed under a Sheriff’s deed, executed September 5, 3887. The Sheriff sold by virtue of an execution issued on a judgment against the defendant, rendered on a cause of action cx contractu, that arose prior to the year 1867. But while the execution was in the hands of the Sheriff, the defendant Walker paid to the plaintiff, in the execution of the…
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This was a civil action, tried at the May Term, 1889, of the Superior Court of Iredell County, before Brown, J. The plaintiff claimed under a Sheriff’s deed, executed September 5, 3887. The Sheriff sold by virtue of an execution issued on a judgment against the defendant, rendered on a cause of action cx contractu, that arose prior to the year 1867. But while the execution was in the hands of the Sheriff, the defendant Walker paid to the plaintiff, in the execution of the principal and interest of the judgment, but no part of the costs, and took his receipt in form as follows : “Received of…
1Opinion of the CourtAvery, J.
after stating the facts: The law in force before the year 1867, when the contract between the testator of Cowan, the plaintiff in the execution, and the defendant Walker was made (Rev. Code, ch. 31, sec. 75), provided that, on default in payment, judgment for the debt, with “ full costs,” should be awarded to the payee in a suit brought for its enforcement. The statutory right to recover not only principal and interest, but disbursements incident to the prosecution of the action, therefore entered into and formed a part of the original agreement between the creditor and debtor, just as though…
2Cases cited30 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Tennessee v. SneedSupreme Court of the United States · 1877
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