Legal Opinion

Grant v. . Hughes

Supreme Court of North Carolina

Decided January 5, 1880PublishedCited by 5 opinions

Civil ActioN, tried at Pall Term, 1879, of Northampton Superior Court, before Avery, J. Case agreed : At fall term, 1869, of said court, the defendant Hughes, as executor of William M. Crocker, obtained judgment against Lewis B. Hill, the plaintiff’s intestate, for about one thousand dollars. The debt on which the judgment was based was contracted prior to January, 1865. Executions were regularly issued thereon according to law, and the same kept alive.

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Civil ActioN, tried at Pall Term, 1879, of Northampton Superior Court, before Avery, J. Case agreed : At fall term, 1869, of said court, the defendant Hughes, as executor of William M. Crocker, obtained judgment against Lewis B. Hill, the plaintiff’s intestate, for about one thousand dollars. The debt on which the judgment was based was contracted prior to January, 1865. Executions were regularly issued thereon according to law, and the same kept alive. Hill died on the 12th of November, 1878, and the plaintiff, Grant, qualified as his administrator on the 2d of December following. On the…

1Opinion of the CourtSmith, C. J.

It has been repeatedly adjudged that at common law a writ of fieri facias when issued bound the goods of the debtor, which were liable to seizure and sale, from its teste, and prevented him from selling or assigning them; while the lien attached to equitable interests only from the time of issue. Jones v. Judkins, 4 Dev. & Bat., 454; Williamson v. James, 10 Ired., 162. By statute the writ when issued by a justice of the peace had such effect from the levy and not from the teste. Rev. Code, ch. 45, § 20.

In the construction of this statute it was held that, as to the defendant himself and his…

2Cases cited1 opinion

  1. Aycock Ex Rel. Isler v. HarrisonSupreme Court of North Carolina · 1871

3Cited by5 opinions

  1. Sawyers v. . SawyersSupreme Court of North Carolina · 1885
  2. Williams v. . JonesSupreme Court of North Carolina · 1886
  3. Benners v. . RhinehartSupreme Court of North Carolina · 1890
  4. Hostler v. . SmithSuperior Court of North Carolina · 1804
  5. Sawyer v. . BraySupreme Court of North Carolina · 1889

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