Den Ex Dem. Mordecai v. Speight
Supreme Court of North Carolina
Ejectment, tried on the last circuit, before Nor-wood, Judge, at Pitt. The plaintiff claimed under a deed executed by one Roderick ¿¡mason, during the term of Edgecomb County Court, beginning on the 4th Monday of August, 1829. The defendant, under an execution issued from the same court, against ¿¡mason, tested the. 4tb Monday of August, and returnable the 4th Monday of November following, and the only question was, whether the defendant’s title was affected by the.…
Read the full summary
Ejectment, tried on the last circuit, before Nor-wood, Judge, at Pitt. The plaintiff claimed under a deed executed by one Roderick ¿¡mason, during the term of Edgecomb County Court, beginning on the 4th Monday of August, 1829. The defendant, under an execution issued from the same court, against ¿¡mason, tested the. 4tb Monday of August, and returnable the 4th Monday of November following, and the only question was, whether the defendant’s title was affected by the. following facts: The sheriff of Edgecomb, having the execution against Amason in his hands, advertised his property, together…
1Opinion of the Court
Ruffin, Judge.
There are two questions in this case distinct in themselves, though relating to the same subject. The first is, whether the sale of land under afi-fa. be good, if made on the day after the process is made returnable! and before it be returned, and during the term of the court to which it is returnable, This is answered by the case of Lanier v. Stone. (1 Hawks 329,) affirmatively, and we see no reason for being of a different opinion.
The second is, whether the acts of assembly, directing the manner in which sheriffs shall sell lands and slaves, (Taylor’s Revisal, c. 1096 & 1153,)…
2Cited by6 opinions
- Williams v. Charles F. Dunn & Sons Co.Supreme Court of North Carolina · 1913
- County of Franklin v. JonesSupreme Court of North Carolina · 1957
- Walston v. W. H. Applewhite & Co.Supreme Court of North Carolina · 1953
- Bladen County v. . BreeceSupreme Court of North Carolina · 1938
- Jeffreys v. . HocuttSupreme Court of North Carolina · 1927
1 more not listed; retrieve them via the Exa API.