Davis v. . Calloway
Supreme Court of North Carolina
Civil aotioN, tried before Cloud, •/., at August (Special Term, 1874, Wilebs Superior Court. This action was brought to recover the value of a yoke of oxen and a wagon.
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Civil aotioN, tried before Cloud, •/., at August (Special Term, 1874, Wilebs Superior Court. This action was brought to recover the value of a yoke of oxen and a wagon. The defendant offered in evidence a judgment and execution against one Fletcher, for forty odd dollars, The execution was dated Jan. —, 1869. That the sheriff levied this execution on the oxen and wagon and also on a cow, as the property of said Fletcher, on the 1st of February, 1869, took the same into his possession and advertised them for sale on the 2d day of March, 1869, as the property of said Fletcher. The defendant…
1Opinion of the CourtRodman, J.
We must take it as established by the verdict, that the wagon and oxen sued for were the property of the plaintiff!, and not of Fletcher. His Honor told the jury that the sale of the cow paid off the execution for $2.10 against the plaintiff, and therefore a sale of the plaintiff’s estate in the wagon and oxen was unauthorized and void. This would have been right if there had been evidence to show, as his Honor assumed, that the cow was first sold. But the case states that there was no evidence as to which article was first sold. Of course, therefore, his Honor erred in this respect. But was…
2Cited by1 opinion
- Rayburn v. . Casualty Co.Supreme Court of North Carolina · 1905