Holman v. . Miller
Supreme Court of North Carolina
This was a civil ACTION, tried, upon complaint, answer and demurrer to the answer, before Philips, J., at the February Term, 1889, of Iredell Superior Court. , The facts are, that the plaintiff, as trustee, under a deed in trust, executed by Charles L. Summers and registered in Iredell County on the 4th of November, 1886, sold,, for cash, certain lands, and that the defendant became the purchaser in the sum of six hundred and ten dollars.
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This was a civil ACTION, tried, upon complaint, answer and demurrer to the answer, before Philips, J., at the February Term, 1889, of Iredell Superior Court. , The facts are, that the plaintiff, as trustee, under a deed in trust, executed by Charles L. Summers and registered in Iredell County on the 4th of November, 1886, sold,, for cash, certain lands, and that the defendant became the purchaser in the sum of six hundred and ten dollars. The plaintiff tendered a deed and demanded the purchase money, and, upon defendant’s refusal to pay, brought this action to enforce the payment thereof. The…
1Opinion of the CourtShepherd, J.
(after stating the case). The question presented for our consideration is, whether an undocketed judgment prevails over a registered deed in trust to secure creditors. Under the law as it existed prior to the adoption of the Code of Civil Procedure, there was no provision for the docketing of judgments, and a lien upon the property of the debtor was acquired only by issuing a writ of fieri facias, which bound the property of the debtor from itsiesie. Under the present system no lien is acquired upon land in the absence of an execution and levy, until the judgment has been “ docketed on the…
2Cases cited2 opinions
- Sawyers v. . SawyersSupreme Court of North Carolina · 1885
- Williams v. . WeaverSupreme Court of North Carolina · 1886
3Cited by18 opinions
- Dewey v. . SuggSupreme Court of North Carolina · 1891
- Norman Lumber Company v. United StatesCourt of Appeals for the Fourth Circuit · 1955
- Long v. StateSupreme Court of Florida · 1902
- Bernhardt v. BrownSupreme Court of North Carolina · 1898
- Southern Dairies, Inc. v. BanksCourt of Appeals for the Fourth Circuit · 1937
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