Den on Dem. of Purcell v. Tryon McFarland's Heirs
Supreme Court of North Carolina
Upon a judgment obtained in the Superior Court of Robeson county, against one John McFarland, a writ of fieri facias was issued, directed to the Sheriff of Richmond county, and was by him levied on the land in question, as the property of the said John McFarland. The fieri facias was returned, and a writ of venditioni exponas issued, under which the land was sold, when John Purcell became the purchaser, and received a deed from the sheriff for it.
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Upon a judgment obtained in the Superior Court of Robeson county, against one John McFarland, a writ of fieri facias was issued, directed to the Sheriff of Richmond county, and was by him levied on the land in question, as the property of the said John McFarland. The fieri facias was returned, and a writ of venditioni exponas issued, under which the land was sold, when John Purcell became the purchaser, and received a deed from the sheriff for it. An action was then brought in the county of Richmond, by the purchaser, to recover the possession of the land from the heirs of one Tryon…
1Opinion of the Court
Daniel, Judge,
after stating the case as above, proceeded as follows: The case comes before us upon the single point, whether the Superior Court of Robeson county had the power, at the time the motion was made, to amend the executions by affixing the seal of the court to them. We are of the o pinion that the court had the power. The omission of the clerk to affix the seal to the executions, was but a misprision in him. At common law, the court on motion will, while the pleadings are in paper, and before they are entered of record, permit amendments in form or substance, on proper and equitable…
2Cited by5 opinions
- State v. . LewisSupreme Court of North Carolina · 1919
- Bender v. . AskewSupreme Court of North Carolina · 1831
- McArter v. . RheaSupreme Court of North Carolina · 1898
- O'Donnell v. MerguireCalifornia Supreme Court · 1900
- Sligo Furnace Co. v. LaidleySupreme Court of Missouri · 1921