Williams v. . Mullis
Supreme Court of North Carolina
MotioN by defendants to set aside an execution, heard at Spring Term, 1881, of Union Superior Court, before Eure, J. At fall term, 1869, of the superior court of Union county, the plaintiff recovered judgment against the defendants upon a debt contracted in March, 1861, and caused the same at once to be docketed.
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MotioN by defendants to set aside an execution, heard at Spring Term, 1881, of Union Superior Court, before Eure, J. At fall term, 1869, of the superior court of Union county, the plaintiff recovered judgment against the defendants upon a debt contracted in March, 1861, and caused the same at once to be docketed. Executions issued regularly and in succession, without satisfaction, or the period of three years at any time intervening between them, and were delivered to the sheriff — on only one of which returnable to fall term, 1878, a small sum was received from the sale of land and applied…
1Opinion of the CourtAshe, J.
There are but two inquiries presented by the record :
1. Can a plaintiff sue out execution after the lapse of ten years from the date of docketing his judgment, to enforce payment thereof, when the judgment has been kept alive by the issuing of continuous and unsuccessful executions for collection during this period of time ?
2. Can the execution be set aside for this reason, and in this summary mode after the sale under it ?
The first subject of these inquiries has given rise to such a diversity of opinion that we approached its consideration with some degree of diffidence, but we think the…
2Cases cited2 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- McDonald v. . DicksonSupreme Court of North Carolina · 1881
3Cited by10 opinions
- Lytle v. . LytleSupreme Court of North Carolina · 1886
- Cone v. Hyatt.Supreme Court of North Carolina · 1903
- Spicer v. . GambillSupreme Court of North Carolina · 1885
- Brown v. BellSupreme Court of Colorado · 1909
- McCaskill v. . McKinnonSupreme Court of North Carolina · 1897
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