Pipkin v. . Adams
Supreme Court of North Carolina
Civil ACTION for the recovery of land, tried before Battle, J., and a jury, upon the usual issues, a.t November Term, 1893, of HarNETt Superior Court.
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Civil ACTION for the recovery of land, tried before Battle, J., and a jury, upon the usual issues, a.t November Term, 1893, of HarNETt Superior Court. The plaintiff claimed under a deed from the Sheriff of Harnett county made in pursuance of a sale on 7th of April, 1890, under execution issued on February 25, 1890, on a judgment.rendered in the Superior Court on the 16th of February, 1880. Notice to revive the judgment and for leave to issue execution was issued in December, 1889, and heard and granted by the Clerk on the 17th of February, 1890. The defendant claimed under a bona fide…
1Opinion of the Court
Shephekd, C. J.:
Assuming for the purposes of this appeal that a docketed judgment for costs (the amount not being specified) is efficacious to confer a lien under section 435 of The Code, we are nevertheless of the opinion that the plaintiff cannot recover.
It is well settled that the lien of a docketed judgment expires at the end of ten jmars, and there is no saving-clause in the act, except where the judgment creditor has been restrained from proceeding to enforce his judgment “by an order-of injunction, or other order, or by the operation of an appeal, or by a statutory prohibition.” The…
2Cases cited4 opinions
- McDonald v. . DicksonSupreme Court of North Carolina · 1881
- Lytle v. . LytleSupreme Court of North Carolina · 1886
- Spicer v. . GambillSupreme Court of North Carolina · 1885
- Adams v. . GuySupreme Court of North Carolina · 1890
3Cited by10 opinions
- Wilson v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1902
- Bernhardt v. BrownSupreme Court of North Carolina · 1898
- Barnes v. . FortSupreme Court of North Carolina · 1915
- Lupton v. . EdmundsonSupreme Court of North Carolina · 1941
- Bernhardt v. . BrownSupreme Court of North Carolina · 1898
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