Phillips v. . Johnston
Supreme Court of North Carolina
Civil Actios for the Possession of Land, tried at Spring Term, 1877, of Davie Superior Court, before Kerr, J. The case is sufficiently stated by Mr. Justice Faircloth in delivering the opinion of this Court. Upon the issues submitted and under the instructions of His Honor in the Court below, the jury rendered a verdict for the plaintiff. Judgment. Appeal by defendant.
1Opinion of the CourtFaircloth, J.
The plaintiff sues for the possession of land purchased by him at Sheriff's sale on February the 6th, 1869, under an execution levied January the 2nd, 1868, and issued upon a judgment rendered against the defendant in December, 1867.
The defendant is in possession and claims title to the land under another Sheriff’s sale made subsequent to the forego ing sale, under judgment and levy prior to those under which the plaintiff purchased, at which second sale one Clement •bid off the land and assigned his bid to the defendant.
This case is governed by the law as it was before the adoption of the…
2Cases cited2 opinions
- Wade v. SandersSupreme Court of North Carolina · 1874
- stephen.W. Isler v. . William Foy and F. B. HarrisonSupreme Court of North Carolina · 1872
3Cited by4 opinions
- Mulholland v. . YorkSupreme Court of North Carolina · 1880
- Bell v. . HillSuperior Court of North Carolina · 1794
- Jones v. . JudkinsSupreme Court of North Carolina · 1838
- Wade v. . SaundersSupreme Court of North Carolina · 1874