Davis v. . Baker
Supreme Court of North Carolina
This was an action commenced the 7th day of July, 1869, to recover real estate, and tried before Olarke, J., at a special session of Wayne Superior Court, September 1871. The plaintiff introduced the following record from Wayne County Court at May Term 1868: “ Davis & Kirby vs. John Davis and Wife.
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This was an action commenced the 7th day of July, 1869, to recover real estate, and tried before Olarke, J., at a special session of Wayne Superior Court, September 1871. The plaintiff introduced the following record from Wayne County Court at May Term 1868: “ Davis & Kirby vs. John Davis and Wife. It appearing to the satisfaction of the Court that advertisement has been made according to law, and that all the papers have been filed, judgment is therefore, upon motion, rendered in favor of the plaintiffs against the defendants, for the amount of the justice’s judgment, to-wit, in the sum of…
1Opinion of the Court
Boyden, J..
In this case his Honor was mistaken in holding that it was necessary for the plaintiff to produce the judgment and execution of the Justice of the Peace.
Under the act of 1794, chap. 414, sec. 19, and until the act of 1822, Revised Cade, chap. 45, secs. 12 and 13, it was neces sary for the plaintiff, who claimed land nnder.a sale made by a sheriff in a case of a judgment of a Justice of the Peace, and an execution issuing thereon and levied upon land and returned to the County Court, not only to produce on the trial the order of sale of the County Court but likewise to produce and…
2Cited by1 opinion
- Lash v. . ThomasSupreme Court of North Carolina · 1882