Kesler v. . Cornelison
Supreme Court of North Carolina
Civil actioN, originally commenced in a Justices Court, and carried by appeal to the Superior Court and tried before Clark, Judge, a jury trial being waived, upon the following statement of facts agreed, at August Term, 1887, of RowaN Superior Court: 1. That plaintiff purchased on August 24th, 1885, at sheriff’s sale, under execution issuing out of Rowan Superior Court, upon a judgment docketed therein in favor of Luke Blackmer against Louisa Mason, all the right, title and…
Read the full summary
Civil actioN, originally commenced in a Justices Court, and carried by appeal to the Superior Court and tried before Clark, Judge, a jury trial being waived, upon the following statement of facts agreed, at August Term, 1887, of RowaN Superior Court: 1. That plaintiff purchased on August 24th, 1885, at sheriff’s sale, under execution issuing out of Rowan Superior Court, upon a judgment docketed therein in favor of Luke Blackmer against Louisa Mason, all the right, title and interest of said Louisa in and to the lands described in the complaint. 2. That the levy of said execution was in the…
1Opinion of the CourtDavis, J.
The plaintiff acquired no title to the crop by his purchase of the land under execution.
Prior to 1844 growing crops were the subject of levy and sale under execution, as personal property. Since the act of 1844 (The Code, §453), they are not subject to levy till matured, but they are none the less personal property, and upon the death of the owner go to the executor or administrator as personal assets.
In the present case the defendant, as the agent of Louisa Mason, had rented the land to one Parker for the year 1885,. and though by §1754 of The Code, the crops are deemed and held to be vested…
2Cases cited2 opinions
- Walton v. . JordanSupreme Court of North Carolina · 1871
- Walston v. . BryanSupreme Court of North Carolina · 1870