Dobson v. . Prather
Supreme Court of North Carolina
Appeal from an interlocutory order made at Spring Term 1849 of Surry Court of Equity, his Honor Judge Ellis presiding. This is an appeal from an order dissolving an injunction; and upon the pleadings the case is as follows : The plaintiff and George W. Brown and several other persons became co-sureties for one Waugh to the Bank of Capo Fear, at Salem, by a note for $450, and in April 1842 judgment was taken by the Bank against Waugh, Dobson, Brown and the other sureties; and…
Read the full summary
Appeal from an interlocutory order made at Spring Term 1849 of Surry Court of Equity, his Honor Judge Ellis presiding. This is an appeal from an order dissolving an injunction; and upon the pleadings the case is as follows : The plaintiff and George W. Brown and several other persons became co-sureties for one Waugh to the Bank of Capo Fear, at Salem, by a note for $450, and in April 1842 judgment was taken by the Bank against Waugh, Dobson, Brown and the other sureties; and from that time to the filing of the bill, in September 1848, writs of Fieri facias were regularly sued out and…
1Opinion of the CourtRuffin, C. J.
Although copies of the records of the judgments at law and the executions are not before us, yet it must be understood from the pleadings, that, at the lime Prather purchased from Brown, the house and lot were subject to the lien of a jfieri facias for this debt, and that the lien has been kept up ever since. For, & fieri fa* cias binds from its teste against a purchaser from the debt- or, and an alias and •pluries preserve the lien by relation to the teste of the first writ. Gilkey v. Dickerson, 2 Hawks. 341 ; Brasfield v. Whitaker, 4 Hawks. 309. Very clearly, then, the house and lot are…
Also in this document: Per curiam.
2Cited by4 opinions
- Darland v. First National BankCourt of Appeals of Kentucky · 1917
- Bell v. . HillSuperior Court of North Carolina · 1794
- Brasfield v. . WhitakerSupreme Court of North Carolina · 1826
- Jones v. . JudkinsSupreme Court of North Carolina · 1838