Cannon v. . Young

•Smith, C. J.

The parties to the action derive title to the land in controversy from the same source, claiming under one Joshua Orr, the former owner — the plaintiffs, by virtue of a sale under execution issued upon a judgment recovered by them as executors of Hugh Johnson, on September 9th, 1868, and docketed in the superior court of Transylvania; the defendant, under a deed executed by said Orr to him on September 10th, 1878.

It must be assumed that the defendant’s title was acquired under a deed made prior to the lien of the plaintiffs’ judgment, and must prevail unless successfully…