Grier v. . Rhyne
Supreme Court of North Carolina
Civil action to recover possession of a tract of land tried before Logan, =/., at Spring Term, 1872, of Gaston Superior Court. Plaintiff claimed under a sheriffs deed, and ven. ex. issued from the Superior Court. The evidence was, that an attachment was issued by a justice of the peace against one G. C. Rhyne for $175 due to the plaintiffs.
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Civil action to recover possession of a tract of land tried before Logan, =/., at Spring Term, 1872, of Gaston Superior Court. Plaintiff claimed under a sheriffs deed, and ven. ex. issued from the Superior Court. The evidence was, that an attachment was issued by a justice of the peace against one G. C. Rhyne for $175 due to the plaintiffs. This attachment was levied on 'the lands of the deiendant in that action, and returned before the justice who gave judgment for the debt and reInrned the papers into Court. The levy was in these words, viz: “By virtue of an attachment I did on the 12th day…
1Opinion of the CourtRoyden, J.
Upon what ground his Honor gave the decided opinion, that Die plaintiffs could not recover, upon the evidence offered in the cause, without submitting to the jury the questions of fact raised by such evidence, we are not informed.
The counsel for the defendant in this Court relies upon two grounds to sustain the opinion cf his Honor.
1st. That the return of the levy is insufficient.
2d. That there was no evidence that there had been any advertisement, or that the defendant in the attachment had any notice of the proceedings.
The first question is against the defendant, as is shown by the…
2Cited by4 opinions
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- Richardson v. CarrSupreme Court of Oklahoma · 1917
- Wright v. RailroadSupreme Court of North Carolina · 1906
- Price v. TaylorCourt of Appeals of Kentucky · 1901