Legal Opinion

Davis v. . Abbott

Supreme Court of North Carolina

Decided December 5, 1842PublishedCited by 2 opinions

1Opinion of the Court

Under the execution, issued to satisfy the first judgment mentioned in the case, the Sheriff sold by the acre as much of the land that had been levied on, as made the debt and costs. This mode of sale is not usual, we admit, but we cannot conceive that there is anything illegal in it, and in this case there is no pretense of fraud in the Sheriff, or loss by the debtor. If chattels are levied on, the Sheriff sells the same in parcels, so as to make the debt by as few of them as he can conveniently. If he can save to the defendant a part of his land levied on, and satisfy the execution out of…

2Cases cited2 opinions

  1. Jones v. . LewisSupreme Court of North Carolina · 1847
  2. Scott v. . Elliott and OthersSupreme Court of North Carolina · 1869

3Cited by2 opinions

  1. Davidson v. Davidson's ExecutorsSupreme Court of North Carolina · 1820
  2. Sutton v. . WoodSupreme Court of North Carolina · 1801

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