Ross v. Alexander
Supreme Court of North Carolina
Motion for the application ot certain moneys in the hands '-■of the Sheriff’ot Guilford County, heard before Tour-gee, J., at Bpring Term, 1871, of Guilford Superior Court. The facts were that one ~W. D. Ross obtained a judgment ¡at Spring Term, 1869, of Guilford Superior Court, against Robert D. Thorn, andhadtlie same docketed the 1st'of March, 1869. Four other judgments were rendered at the Fall Term, 1869, oí said Court, against the said Eobert D. Thorn.
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Motion for the application ot certain moneys in the hands '-■of the Sheriff’ot Guilford County, heard before Tour-gee, J., at Bpring Term, 1871, of Guilford Superior Court. The facts were that one ~W. D. Ross obtained a judgment ¡at Spring Term, 1869, of Guilford Superior Court, against Robert D. Thorn, andhadtlie same docketed the 1st'of March, 1869. Four other judgments were rendered at the Fall Term, 1869, oí said Court, against the said Eobert D. Thorn. James £5. Scott obtained a judgment against Thorn at Spring Term, 1867, oí Alamance Superior Court of law; a transcript of which said…
1Opinion of the CourtPearson, C. J.
A judgment gives a lien upon all of the real property of the defendant in the County, from the time it is docketed. So the judgment owned by Alexander was *579properly put last in the order of payment, unless there be some ground for making an exception.
On the argument, Mr. Scott relied upon the provision in regard to existing judgments. “ No lien acquired before the ratification aforesaid, shall be lost by any change of process.3’ O. C. P. sec. 403. In this instance, there was a change of process, from an alias and plv/ries fi. fa, and a vendiüoni exponas, which might have followed in ease of a…
2Cases cited1 opinion
- Johnson v. . SedberrySupreme Court of North Carolina · 1871
3Cited by1 opinion
- Pasour v. . RhyneSupreme Court of North Carolina · 1880