Harding v. . Spivey
Supreme Court of North Carolina
Appeal from the Superior Court of Law of North ampton County at the Fall Term, 1847, his Honor Judge Battle presiding. The action is trespass for taking and selling four negro slaves; and the defendant justified, as the Sheriff of Northampton County, under the execution hereinafter mentioned.
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Appeal from the Superior Court of Law of North ampton County at the Fall Term, 1847, his Honor Judge Battle presiding. The action is trespass for taking and selling four negro slaves; and the defendant justified, as the Sheriff of Northampton County, under the execution hereinafter mentioned. On the trial the case was agreed to be as follows: The plaintiff, one Ai’chelaus Tisdale, and other persons were tenants in common of the slaves; and at the County Court of Northampton, held on the first Monday of March, 1842, they filed their petition for partition, and to that end for a sale of the…
1Opinion of the CourtRufpiN, C. J.
The case turns upon the operation of the original fieri facias. For, if that created a lien on this property, it was preserved by the alias writs, which regularly issued, and related to the teste of the first writ. Brassfield v. Whitaker, 4 Hawks. 309. Arrington v. Sledge, 2 Dev. 359. This is so even against another execution. Yarborough v. State Bank, 2 Dev. 23. That a fieri facias binds the property of the debtor, so as to avoid any alienation by him, after the teste, is, as a general rule, so undoubtedly true, as to need no authority to support it. The cases, however, of Stamps v. Irwine,…
2Cited by2 opinions
- Jordan v. . FaulknerSupreme Court of North Carolina · 1915
- McIver v. . RitterSupreme Court of North Carolina · 1864