Den on Demise of Jones v. Austin
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Ashe County, at the Spring Term 1848, his Honor Judge Manly presiding. This was an action of ejectment, in which the plaintiff’s lessor claimed under a sale made by the sheriff, by virtue of a writ of venditioni exponas, against one Zachariah Osborne, and, on the trial, he produced a justice’s judgment against the said Osborne, on which an execution W’as issued and returned to the County Court, with the following levy endorsed by the…
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Appeal from the Superior Court of Law of Ashe County, at the Spring Term 1848, his Honor Judge Manly presiding. This was an action of ejectment, in which the plaintiff’s lessor claimed under a sale made by the sheriff, by virtue of a writ of venditioni exponas, against one Zachariah Osborne, and, on the trial, he produced a justice’s judgment against the said Osborne, on which an execution W’as issued and returned to the County Court, with the following levy endorsed by the constable: “The above execution levied on the lands whereon George Austin and Jefferson Osborne now live.” He then…
1Opinion of the CourtBattle, J.
We think that the instructions of his Honor were correct, upon both the points made in the cause. Upon the first, they are fully sustained by the cases of Higgins v. Ketchum, 4 Dev. & Bat. Rep. 414, Smith v. Low, 2 Ire. Rep. 457, and Morrisey v. Love, 4 Ire. Rep. 78. And the testimony, that the lands levied on were in the occupation of the persons mentioned in the levy, at the time when it was made, having satisfied the jury, that sueh were ás fully identified as if the words of the act had been literally pursued, the judgment is not erroneous, and 'cannot be reversed on that account.
The…
Also in this document: Per curiam.
2Cited by2 opinions
- Dickson v. . PeppersSupreme Court of North Carolina · 1847
- Borden v. . SmithSupreme Court of North Carolina · 1838