Davidson v. . Alexander
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1880, of Mecklenburg Superior Court, before Seymour, J. In this action, the plaintiff seeks to recover of the defendant, who is the sheriff of Mecklenburg county, for refusing to apply a sum of money, which he had realized by a sale of the lands of an incorporated company known as “ The Empire Gold Mining Company,” in satisfaction of a judgment in plaintiff’s favor against the company.
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Civil Action tried at Fall Term, 1880, of Mecklenburg Superior Court, before Seymour, J. In this action, the plaintiff seeks to recover of the defendant, who is the sheriff of Mecklenburg county, for refusing to apply a sum of money, which he had realized by a sale of the lands of an incorporated company known as “ The Empire Gold Mining Company,” in satisfaction of a judgment in plaintiff’s favor against the company. In support of his allegations, the plaintiff offered in evidence a record of a judgment bj^ confession, made before the clerk of the county on the 22nd day of August, 1871, of…
1Opinion of the CourtRuefiN, J.
As the case discloses the fact that there was no execution under the plaintiff’s judgment in the defendant’s hands at the time of his sale, he has a complete defence against the action, as his sale could only convey to the purchaser the land subject to the lien of plaintiff’s judgment, provided it be a prior valid one. But as neither the counsel for plaintiff or defendant urged this point, notwithstanding their attention was called to it, we presume it is the wish of the parties, in order to avoid farther litigation, to have settled the points as to the validity and effect of the judgment…
2Cited by18 opinions
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- Hill v. Pioneer Lumber Co.Supreme Court of North Carolina · 1893
- Farmers Bank of Clayton v. McCullersSupreme Court of North Carolina · 1931
- Sharp v. Danville, Mocksville & Southwestern RailroadSupreme Court of North Carolina · 1890
- Clayton v. . CagleSupreme Court of North Carolina · 1887
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