Coughlan, Randall and Forsythe v. . White, Sheriff
Supreme Court of North Carolina
This was a motion, to compel the Sheriff of Mecklenburg eounty, to applyithe surplus of money in his hands, arising from the sale of the real and personal property of one Taylor, after satisfying certain executions of a lien prior to tbe 29th day of November, 1869, to tbe payment, of plaintiff’s execm tions. The Sheriff sold the property of Taylor* under executions, some of which, were of lien prior to the 29th day of Nov., '1869, and others, of lien subsequent to that time.
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This was a motion, to compel the Sheriff of Mecklenburg eounty, to applyithe surplus of money in his hands, arising from the sale of the real and personal property of one Taylor, after satisfying certain executions of a lien prior to tbe 29th day of November, 1869, to tbe payment, of plaintiff’s execm tions. The Sheriff sold the property of Taylor* under executions, some of which, were of lien prior to the 29th day of Nov., '1869, and others, of lien subsequent to that time. After satisfying the first named executions, there was a surplus in his (Sheriff’s) hands of about $3,000. The…
1Opinion of the CourtRodmAN, J.
On the last Monday in November, 1869, (being the 29th day of the month) Coughlan, Randall & Co., obtained a judgment in the Circuit Court of the United States for the District of North Carolina against one Taylor, as did also James Eorsythe. Fi fas upon these judgments, tested of said last Monday in November, 1869, were duly issued to the United States Marshal, and levied by him on the lands of the defendant Taylor, on the 16th January, 1870.
These lands and certain personal property of the defendant had been previously levied on by the Sheriff of Mecklenburg County, under executions from tbe…
2Cited by4 opinions
- Hooker v. . NicholsSupreme Court of North Carolina · 1895
- Woodley v. . GilliamSupreme Court of North Carolina · 1872
- Alsop v. . MoseleySupreme Court of North Carolina · 1889
- Bradshaw v. EllisSupreme Court of North Carolina · 1838