Lee v. . Bishop
Supreme Court of North Carolina
EJECTMENT tried at Fall Term, 1883, of TRANSYXArANiA Superior Court, before Gudger, J. The plaintiff offered in evidence an execution in favor of Helen Larned against W. A. Bishop (the defendant in this case), and also a deed from the sheriff of Transylvania county, and proved that the defendant was in possession of the land, but offered no other evidence of a judgment except the execution.
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EJECTMENT tried at Fall Term, 1883, of TRANSYXArANiA Superior Court, before Gudger, J. The plaintiff offered in evidence an execution in favor of Helen Larned against W. A. Bishop (the defendant in this case), and also a deed from the sheriff of Transylvania county, and proved that the defendant was in possession of the land, but offered no other evidence of a judgment except the execution. The defendant introduced the clerk of the court, who testified that there was no record in his court of any judgment against W. A. Bishop except the record upon page 141 of his judgment docket, which was…
1Opinion of the CourtAshe, J.
The plaintiff in support of his title offered in evidence an execution issued from a court of competent jurisdiction in favor of Helen Larned against W. A. Bishop, reciting the judgment and sale, and a sheriff’s deed for the land in controversy, and proof that the defendant was still in possession. This was all the law required of him, being a stranger to the judgment and execution, to establish his title against the defendant. He was not bound to shosv any judgment. Hardin v. Cheek, 3 Jones, 135.
The defendant offered in evidence the judgment docket of the superior court of Transylvania…
2Cases cited2 opinions
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Surratt v. . CrawfordSupreme Court of North Carolina · 1882
3Cited by2 opinions
- Von Arx v. BooneCourt of Appeals for the Ninth Circuit · 1912
- Shaffer v. . BledsoeSupreme Court of North Carolina · 1896