Aycock Ex Rel. Isler v. Harrison
Supreme Court of North Carolina
This was a motion to set aside an execution made before Ms Honor, Clarice, J., at the last Term of the Superior Court of Wayne County. The material facts were, that at the August Term, 1861,. of the County Court of Wayne County, the plaintiff obtained a judgment against the defendants.
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This was a motion to set aside an execution made before Ms Honor, Clarice, J., at the last Term of the Superior Court of Wayne County. The material facts were, that at the August Term, 1861,. of the County Court of Wayne County, the plaintiff obtained a judgment against the defendants. Successive executions were duly issued thereupon, and previously to May Term,, 1866, a levy had been made upon the lands of the defendant J. M. E. Harrison, who resided in the County of Craven. This defendant died in November, 1864, leaving a last will and testament, which was proved by John D. Planner, who…
1Opinion of the CourtBeade, J.
A ft. fa. issued after the death of the plaintiff, and when he had no representative in Court, must be set aside as having been erroneously issued. Wingate v. Gibson, 1 Murph. 492.
So, a ven. ex. to sell land, tested after the defendant’s death without a sei. fa. against the heirs, is null and void. Samuel v. Zachary, 4 Ire. 377.
Where there is a judgment, and aft. fa. or ven. ex. issues, during the life of the defendant, the Sheriff may proceed to sell, although the defendant die before the sale. And so he may, when theft, fa. or ven. ex. issues after the death but is tested before. But if the…
2Cited by6 opinions
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- Grant v. . HughesSupreme Court of North Carolina · 1880
- Halso Ex Rel. Halso v. ColeSupreme Court of North Carolina · 1880
- Grant v. . NewsomSupreme Court of North Carolina · 1879
- Benners v. . RhinehartSupreme Court of North Carolina · 1890
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