Den Ex Dem. Douglass v. Short
Supreme Court of North Carolina
Ejectment, tried on the Fall Circuit of 1831, at Anson, before Strange. Judge. The only question which it is necessary to present, arose upon the validity of a deed executed by the sheriff of Anson, to the lessor of the plaintiff, whereby it was recited, that the sheriff had sold the land in dispute to the lessor of the plaintiff, at a public sale made in April 1827', for the taxes due in the years 1824 and 1825. The jury under the directions of the judge, found a verdict…
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Ejectment, tried on the Fall Circuit of 1831, at Anson, before Strange. Judge. The only question which it is necessary to present, arose upon the validity of a deed executed by the sheriff of Anson, to the lessor of the plaintiff, whereby it was recited, that the sheriff had sold the land in dispute to the lessor of the plaintiff, at a public sale made in April 1827', for the taxes due in the years 1824 and 1825. The jury under the directions of the judge, found a verdict for the plaintiff, and the defendant appealed. contended, that the sheriff had no right to sell for the taxes of 1824,…
1Opinion of the Court
Henderson, Chief-Justice.
There are several questions made in the cause, which it is not necessary to consider, as we think the sale is void in Mo, and gives no title to the purchaser, for want of power in the sheriff to sell for the taxes of the year 1824. The rule in regard to the validity of'a sheriff's sale under siji.fa. where he sells all the land levied on, does not apply ; there the surplus of the money, after satisfying the Ji.fa. belongs to the defendant in the execution. Therefore, if the sheriff professes to sell under several Ji. fas. and all are void but one, the sale is valid by…
2Cited by2 opinions
- Cozart v. Assurance Company.Supreme Court of North Carolina · 1906
- Jones v. . GibsonSupreme Court of North Carolina · 1816