Whitaker v. . Elliott
Supreme Court of North Carolina
Civil ACTION, to recover the possession of land, tried before SchencJc, Jat Spring Term, 1875, Rutheefobd Superior Court. The plaintiff introduced a transcript of the Superior Court of Henderson, showing a judgment in favor of Solomon Whitaker against IT. II.
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Civil ACTION, to recover the possession of land, tried before SchencJc, Jat Spring Term, 1875, Rutheefobd Superior Court. The plaintiff introduced a transcript of the Superior Court of Henderson, showing a judgment in favor of Solomon Whitaker against IT. II. Elliott, the defendant, dated Oct. 19th, 1863. It was also in evidence that the land in controversy had been sold under execution issuing upon the judgment in September, 1870. The deed from the sheriff made in pursuance of the execution was also proved. The defendant was in possession at the time of the sale, and also at the commencement…
1Opinion of the CourtRrNuM, J.
The case is this: In 1860, the plaintiff sold and conveyed the lands in dispute, to the defendant, and in payment therefor, took from him the notes of one Samuel Wilkins, which were payable to the defendant and by him endorsed to the plaintiff. A judgment was obtained against Elliott on one of these notes in 1868, and execution was levied upon the land after the adoption of the present Constitution, and the land was sold under a ven. ex. in 1870, and purchased by the plaintiff, who brings this action to recover possession under his said purchase and the sheriff’s deed. The defendant claims a…
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