stephen.W. Isler v. . Isaac Brown
Supreme Court of North Carolina
Action to recover possession of certain tracts of land described in the pleadings, tried before Clarke, Judge, at Jones Superior Court, Fall Term 1871, upon the following case argreed : At August Term 1861, of Wayne County Court, Aycock to the use of Isler recovered two judgments against F. B. Ilarri-■son and defendant, Cox, amounting to about $7,400, and costs.
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Action to recover possession of certain tracts of land described in the pleadings, tried before Clarke, Judge, at Jones Superior Court, Fall Term 1871, upon the following case argreed : At August Term 1861, of Wayne County Court, Aycock to the use of Isler recovered two judgments against F. B. Ilarri-■son and defendant, Cox, amounting to about $7,400, and costs. Executions were issued regularly from Term to Term, to the county of Jones, until the 4th day of March, 1864, when an alias issued to Wake county, returnable to November Term 1864. From November Term 1864, to November Term 1865, an…
1Opinion of the Court
.Rodman, J.
Section 403 of C. 0. P. says that existing judgments not dormant may be entered on the execution dockets of the Superior Courts, and that the subsequent proceedings shall be as prescribed, for actions hereafter commenced as far as compatible with the previous proceedings, “and no lein acquired before the ratification aforesaid (of C. 0. P. Aug., 1868) shall be lost by any change of process occasioned by this &et.”
So that if the creditor under whose execution the plaintiff purchased, had a lien when he docketed his judgment in Jones county, which was in November 1868, that lien was…
2Cases cited1 opinion
- Aycock v. . HarrisonSupreme Court of North Carolina · 1869
3Cited by8 opinions
- Houston v. TimmermanOregon Supreme Court · 1889
- Stuart v. ColemanSupreme Court of Oklahoma · 1920
- Badger v. . DanielSupreme Court of North Carolina · 1877
- Daniel v. . HodgesSupreme Court of North Carolina · 1882
- State v. . RobinsonSupreme Court of North Carolina · 1907
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