Den on Demise of Hamilton v. Adams
Supreme Court of North Carolina
From Guilford. The lessor of the Plaintiff claimed the land in this case, under a sale made by the Sheriff of Guilford county, at which he became the purchaser.
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From Guilford. The lessor of the Plaintiff claimed the land in this case, under a sale made by the Sheriff of Guilford county, at which he became the purchaser. On the trial, he gave in evidence the docket of Guilford County Court, for February term, 1807, on which were entered three cases against the Defendant, John Adams, each purporting to be an execution issued by a Justice of the Peace, and levied by a constable on the land in question, and that the Court had directed orders of sale to be issued. He also gave ip evidence the orders of sale, with the return of the Sheriff on each, that he…
1Opinion of the CourtHaii, Judge
Not to require a party, claiming under an execution, to produce the judgment, is to say that the execution would convey the property, although no judgment exists; or, in other words, that the execution is sufficient evidence of the judgment, and that the purchaser under it, shall retain the property against the true owner, although no judgment was ever obtained against him. We should pause before we adopt a rule that would give rise to such consequences. It is a principle, never to be lost sight of, that no person should be deprived of his property or rights, without notice and an opportunity…
2Cited by12 opinions
- Eason v. SpenceSupreme Court of North Carolina · 1950
- City of Randleman v. HinshawSupreme Court of North Carolina · 1966
- Ex Parte SchenckSupreme Court of North Carolina · 1871
- Person v. . RobertsSupreme Court of North Carolina · 1912
- Wainwright v. Bobbitt.Supreme Court of North Carolina · 1900
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