Legal Opinion

Hinton v. . Roach

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 7 opinions

Civid action, to recover land, tried before Gudger, Judge, at June Term, 1886, of Pasquotank Superior Court. The plaintiff introduced a Sheriff’s deed, iu which it is recited, that by virtue of an execution, issued from the Superior Court of Pasquotank county, the Sheriff had levied upon and sold to John L. Hinton, who was the plaintiff in the judgment, that certain tract of land, situated in Newland Township, joining the lands of the said Hinton, M. P. Stokely, and others,…

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Civid action, to recover land, tried before Gudger, Judge, at June Term, 1886, of Pasquotank Superior Court. The plaintiff introduced a Sheriff’s deed, iu which it is recited, that by virtue of an execution, issued from the Superior Court of Pasquotank county, the Sheriff had levied upon and sold to John L. Hinton, who was the plaintiff in the judgment, that certain tract of land, situated in Newland Township, joining the lands of the said Hinton, M. P. Stokely, and others, containing thirty-seven and a half acres. The deed bears date the 18th of September, 1878. He also offered in evidence,…

1Opinion of the CourtAshe, J.

(after stating the facts). Upon the case as made out by the plaintiff, the defendant contended he had failed to make out his case, and that he was entitled to a judgment, upon these grounds:

1. Because the plaintiff had neither shown a judgment from the Justice of the Peace, nor a transcript of his judgment, and had only shown an entry on the judgment docket of the Superior Court of Pasquotank, No. 224, Hinton v. Roach.

We do not think the objection is tenable. The judgment docket, offered in evidence, shows the entry “No. 224, to-wit: John L. Hinton v. Josiah Roach, judgment for $28, dated…

2Cases cited4 opinions

  1. Farmer v. . BattsSupreme Court of North Carolina · 1880
  2. Henry J. Heryey & Co. v. EdmundsSupreme Court of North Carolina · 1873
  3. Harrell v. . ButlerSupreme Court of North Carolina · 1885
  4. Surratt v. . CrawfordSupreme Court of North Carolina · 1882

3Cited by7 opinions

  1. Perry v. . ScottSupreme Court of North Carolina · 1891
  2. Walton v. . McKessonSupreme Court of North Carolina · 1888
  3. Garrison v. BlakeneyCourt of Appeals of North Carolina · 1978
  4. Marshburn v. . LashlieSupreme Court of North Carolina · 1898
  5. Bender v. . AskewSupreme Court of North Carolina · 1831

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