McMillan v. . Parsons
Supreme Court of North Carolina
This was a motion before Heath, J., at the last Pali Term of Ashe Superior Court, for the application of certain moneys paid into Court, under various exeutions against one John McMillan.- The motion was originall}' made in the County Court, to which the executions were returnable, and came up to the Superior Court by appeal. The contest arose among the creditors as to the proceeds of the sale of his land.
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This was a motion before Heath, J., at the last Pali Term of Ashe Superior Court, for the application of certain moneys paid into Court, under various exeutions against one John McMillan.- The motion was originall}' made in the County Court, to which the executions were returnable, and came up to the Superior Court by appeal. The contest arose among the creditors as to the proceeds of the sale of his land. At February Term, 1859, of Ashe County Court, the sheriff had in his hands writs of fieri facias against the debtor in favor of Jesse Bledsoe, J. B. Reeves, A. B. McMillan and S. IT.…
1Opinion of the CourtPearson, C. J.
The attachment law, Rev. Code, chap. 1, sec. 1, provides, “the attachment shall be deemed the lead-, ing process, and the same proceedings shall be had thereon as on judicial attachments.” The court law, Rev. Code, ch. 31, sec. 52, provides, “ when the sheriff shall return in a civil action, that the defendant is not to be found in his county, the plaintiff may, at his election, sue out an attachment against the estate of such defendant,” “ and the estate so attached, if not replevied, or sold, according to the rules prescribed for estates taken in original attachment, shall remain in the…
2Cited by8 opinions
- Hambley v. . WhiteSupreme Court of North Carolina · 1926
- Martin v. McBrydeSupreme Court of North Carolina · 1921
- Martin v. . McBrydeSupreme Court of North Carolina · 1921
- German Looking Glass Plate Co. v. Asheville Furniture & Lumber Co.Supreme Court of North Carolina · 1900
- Amyett v. . BackhouseSupreme Court of North Carolina · 1819
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