Smith v. . Smith .
Supreme Court of North Carolina
Civil AotioN, in the nature of Ejectment, for the recovery ■of a tract of land, tried before Hussell, J., at the Spring Term, 1871, of DupliN Superior Court. On the trial in the Superior Court, the plaintiff showed a judgment in favor of Thos.
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Civil AotioN, in the nature of Ejectment, for the recovery ■of a tract of land, tried before Hussell, J., at the Spring Term, 1871, of DupliN Superior Court. On the trial in the Superior Court, the plaintiff showed a judgment in favor of Thos. S. Keenan, administrator, against one ,Blaney Williams, Ivy Smith and J. E. Smith, obtained in the late Court of Pleas and Quarter Sessions of Duplin county, at the January Term, 1868. Execution regularly issued thereon, returnable to April Term of said Court, issuing the 8th day of February, 1868, and was returned endorsed, “ indulged by plaintiff.”…
1Opinion of the CourtPearson, C. J.
This case is governed by the law, as it was declared to be, before the adoption of the C. C. P. So the question as to how far the title of a purchaser of land at a sheriff’s sale, may be effected by a fair docketed judgment, is not presented. Before the adoption of the 0. 0. P., no rule of law was more clearly settled than the rule, that a purchaser at a sheriff’s sale (the judgment and execution being regular) acquired tke title of the defendant in the execution. Any contest among the judgment creditors, who claimed priority of lieu, effected merely the fund raised by the sheriff’s sale, and…
2Cited by1 opinion
- Threadgill v. . RedwineSupreme Court of North Carolina · 1887