Murchison v. . Williams
Supreme Court of North Carolina
Civil actiON, application for relief, in nature of a sai. fa., beard by his Honor, Judge Buxton, at Spring Term, 1874, of HaeNett Superior Court. The facts as stated by the presiding Judge and transmitted to this Court are: “ The plaintiff had recovered a judgment in Harnett Superior Court against John C. Williams, the testator of the defendants, the executors, in his lifetime, on the 9th August, 1869, which was duly docketed in the offiee of said Court on the same day.
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Civil actiON, application for relief, in nature of a sai. fa., beard by his Honor, Judge Buxton, at Spring Term, 1874, of HaeNett Superior Court. The facts as stated by the presiding Judge and transmitted to this Court are: “ The plaintiff had recovered a judgment in Harnett Superior Court against John C. Williams, the testator of the defendants, the executors, in his lifetime, on the 9th August, 1869, which was duly docketed in the offiee of said Court on the same day. Execution issued 28th February., 1870, returnable to Fall Term, 187*0, and was returned, levied on several tracts of land…
1Opinion of the CourtEeade, J.
A docketed judgment is a lien upon the lands of the debtor, by statute, O. 0. P , sec. 254. How, if at all, it differs from the lien of a judgment before that statute, it is not necessary to discuss. It certainly does not divest the estate out of the debtor, but it does constitute it a security so as to enable the creditor by proper process to subject it to the satisfaction of his debt. But still we suppose that the land is not primarily liable, although the lien exists, for if the creditor sue out execution it must run against the personal property first.
And so if the debtor die, as in our…
2Cited by24 opinions
- Holden v. . StricklandSupreme Court of North Carolina · 1895
- Rigsbee v. . BrogdenSupreme Court of North Carolina · 1936
- Sawyers v. . SawyersSupreme Court of North Carolina · 1885
- First Security Trust Co. v. LentzSupreme Court of North Carolina · 1928
- State Ex Rel. Pate v. OliverSupreme Court of North Carolina · 1889
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