Gambill v. . Gambill
Supreme Court of North Carolina
APPEAR from a justice’s judgment, tried at Spring Term, 1883, of Ashe Superior Court, before Gilmer, J. The plaintiff complained that he was the owner of certain justice’s judgments against one John McMillan, and that he had caused executions to be issued thereon, which he had placed in the hands of an officer for collection; and on the 16th day of March, 1876, while his executions were in the hands of the officer, McMillan sold a tract of land to the defendant James…
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APPEAR from a justice’s judgment, tried at Spring Term, 1883, of Ashe Superior Court, before Gilmer, J. The plaintiff complained that he was the owner of certain justice’s judgments against one John McMillan, and that he had caused executions to be issued thereon, which he had placed in the hands of an officer for collection; and on the 16th day of March, 1876, while his executions were in the hands of the officer, McMillan sold a tract of land to the defendant James Gambill; and, as a part of the purchase money, defendant promised and agreed that if plaintiff would have satisfaction entered…
1Opinion of the CourtAshe, J.
It is needless to inquire whether the promise made by the defendant to the plaintiff to pay him the McMillan debt was void under the statute of frauds, for that promise having been the subject of the action upon which the judgment before the justice, dated February 17th, 1877, in favor of the defendant, was founded, it was merged in that judgment, and no longer subsists, unless that judgment has been reversed.
The plaintiff insists that this action now under consideration is brought to rehear that judgment, and if in the opinion of this court it ought to be reheard, then the question whether…
2Cases cited1 opinion
- Wm. Froneburger v. . H. D. Lee .Supreme Court of North Carolina · 1872
3Cited by1 opinion
- Salmon Ex Rel. Rogers v. McLeanSupreme Court of North Carolina · 1895