Lytle v. . Lytle
Supreme Court of North Carolina
Civil action for the recovery of land, tried before Gudger, Judge, and a jury, at Fall Term, 1885, of the Superior Court of Buncombe county.
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Civil action for the recovery of land, tried before Gudger, Judge, and a jury, at Fall Term, 1885, of the Superior Court of Buncombe county. The plaintiff, in support of his title to the land described in the complaint, and of which the defendant was in possession, upon the trial, introduced evidence to establish the following facts: Thomas Lytle, as administrator of John Lytle, in an action prosecuted against the defendant Littleton Lytle and others, in the Superior Court of McDowell county, recovered judgment at Fall Term, 1869, for the sum of two hundred and fourteen dollars and…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The vitality of the judgment not having been preserved by a successive issue of executions, at intervals prescribed by law for that purpose, it had become dormant, and an execution sued out without a renewing order made by t.he Clerk, was irregular, while not void, and liable to be set aside on application of the debtor. Until this is done, however, the execution remains in force, as if no dormancy had supervened; and when set aside, the title to property sold under its authority, to a stranger to the proceeding, who buys in good faith, and without…
2Cases cited6 opinions
- McDonald v. . DicksonSupreme Court of North Carolina · 1881
- Spicer v. . GambillSupreme Court of North Carolina · 1885
- Lyon v. . RussSupreme Court of North Carolina · 1881
- Williams v. . MullisSupreme Court of North Carolina · 1882
- Fox v. . KlineSupreme Court of North Carolina · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Trust Co. v. . CurrieSupreme Court of North Carolina · 1925
- Bernhardt v. BrownSupreme Court of North Carolina · 1898
- Evans v. Alridge.Supreme Court of North Carolina · 1903
- Pipkin v. . AdamsSupreme Court of North Carolina · 1894
- McLeod v. WilliamsSupreme Court of North Carolina · 1898
18 more not listed; retrieve them via the Exa API.