Williams v. . Weaver
Supreme Court of North Carolina
Civil ACTION to recover land, tried before Avery, Judge, and a jury, at Fall Term, 1883, of Hertford Superior Court. Both the plaintiff and the defendants claim to derive title to the land, the subject of this action, from Godwin C. Moore, who died on the 25th day of May, 1880. Before and at the time of his death, there were two docketed judgments, for considerable sums of money, in favor of different persons, against him in the Superior Court of the county of Hertford.
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Civil ACTION to recover land, tried before Avery, Judge, and a jury, at Fall Term, 1883, of Hertford Superior Court. Both the plaintiff and the defendants claim to derive title to the land, the subject of this action, from Godwin C. Moore, who died on the 25th day of May, 1880. Before and at the time of his death, there were two docketed judgments, for considerable sums of money, in favor of different persons, against him in the Superior Court of the county of Hertford. After his death, on the 27th day of July, 1880, executions, bearing teste as of that day, were issued upon these judgments,…
1Opinion of the CourtMerklmoN, J.
(after stating the facts). The executions under which the sheriff undertook to sell the land in controversy, were irregular, in that they were not “tested” as of the term of the court next before the day on which they were issued, as required by The Code, §449, but this irregularity did not render them void. Such teste serves no essential purpose. It does not now, as under the former method of procedure in this State, determine the time when the lien of the execution began. Now, the execution does not operate as a lien. It is the docketed judgment that creates the lien from the time it was…
2Cases cited2 opinions
- Sawyers v. . SawyersSupreme Court of North Carolina · 1885
- Bryan v. . HubbsSupreme Court of North Carolina · 1873
3Cited by9 opinions
- Sheets v. . WalshSupreme Court of North Carolina · 1940
- Holman v. . MillerSupreme Court of North Carolina · 1889
- Bernhardt v. BrownSupreme Court of North Carolina · 1898
- Moore v. . JonesSupreme Court of North Carolina · 1946
- Southern Dairies, Inc. v. BanksCourt of Appeals for the Fourth Circuit · 1937
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