Den on the Demise of Smith v. Kelly
Supreme Court of North Carolina
From Brunswick. In this case an appeal bond, with the statement of the case made out by the presiding Judge, was filed in this Court, but there was no transcript of the record sent up certified by the Clerk under the seal of the Court. A diminution of the record was suggested, and a motion made that a writ of certiorari be issued to the Clerk of Brunswick-Superior Court of Law.
Read the full summary
From Brunswick. In this case an appeal bond, with the statement of the case made out by the presiding Judge, was filed in this Court, but there was no transcript of the record sent up certified by the Clerk under the seal of the Court. A diminution of the record was suggested, and a motion made that a writ of certiorari be issued to the Clerk of Brunswick-Superior Court of Law. This motion, after much consideration, was allowed; for that the writ moved for was necessary in this instance for the exercise of the powers given to this Court. The Court cannot proceed but upon the whole record, and…
1Opinion of the Court
TaxIiOR, Chief-Justice,
delivered the opinion of the Court:
The Defendant, in producing a judgment against Smith, an execution, a levy upon property liable thereto, and a deed from the Sheriff, has established a title in' himself; because he has thereby shewn a lawful authority in the Sheriff to sell, and the due exercise thereof.
If a judgment be erroneous, and be afterwards set aside or reversed, the title of an intermediate honajide purchaser at a Sheriff’s sale cannot be affected: nor in an ejectment against a purchaser at a Sheriff’s sale, can the regularity of. an execution be questioned.…
2Cited by3 opinions
- Creech v. . WilderSupreme Court of North Carolina · 1937
- Shamburger v. . KennedySupreme Court of North Carolina · 1826
- Maynard v. . MooreSupreme Court of North Carolina · 1874