Den Ex Dem. Jennings v. Stafford
Supreme Court of North Carolina
This was an action of ejectment, tried at the Spring Term, 1841, oí Pasquotank Superior Court, before his Honor Judge Nash, upon the following case, agreed : The land in dispute, was the property of the ancestor of the lessor of the plaintiff, and descended to him on the death of his ancestor.
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This was an action of ejectment, tried at the Spring Term, 1841, oí Pasquotank Superior Court, before his Honor Judge Nash, upon the following case, agreed : The land in dispute, was the property of the ancestor of the lessor of the plaintiff, and descended to him on the death of his ancestor. In September, 1829, a warrant was issued against the administrator of the ancestor, and returned before a magistrate, and judgment entered up as follows, viz: “ Judgment for twenty dollars and costs. L. C. Moore, J. P. The administrator pleads fully administered and no assets.” Upon this judgment, an…
1Opinion of the CourtGaston, J.
It is the law of this State, that a purchaser at execution sale must shew, not only the execution' under which the Sheriff sold, but a judgment warranting that execution. The only reason assigned for this doctrine is, that it must appear that the execution was not the unauthorized act of the clerk, but was awarded by the Court. Although the judgment be erroneous ;■ nay, if it be obtained irregularly,and against the course of the Court; nevertheless, so long as it stands unreversed and in force, it is the act[of the Court, warrants the execution conforming thereto, and upholds the title of the…
2Cited by8 opinions
- Eason v. SpenceSupreme Court of North Carolina · 1950
- Harrell v. . WelsteadSupreme Court of North Carolina · 1934
- Evans v. Alridge.Supreme Court of North Carolina · 1903
- King v. . R. R.Supreme Court of North Carolina · 1922
- King v. North Carolina RailroadSupreme Court of North Carolina · 1922
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