Roberts v. . Scales
Supreme Court of North Carolina
This was an action of trover for a grey horse, formerly the property of one Absalom W. Scales — -Plea the general issue.
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This was an action of trover for a grey horse, formerly the property of one Absalom W. Scales — -Plea the general issue. Upon the trial at Rockingham, on the last circuit, before his honor Judge Dick, it appeared that the plaintiff was the sheriff of Rockingham county, and as such, on the 25th of July, 1839, had in. his hands an attachment against the said A. W. Scales, at the instance of Rose, McAdoo & Scott, for the sum of $365, returnable to the ensuing term of Rockinham County Court; and on that day he went to the house of the said Scales, and there, the property being present, levied the…
1Opinion of the Court
Ruffin, Chief Justice.
In bringing trover, the plaintiff affirms the property to be in him, by virtue of the attachment. He puts his case, therefore, on the same footing as if the horse had been taken under a fieri facias; and, therefore, it may be assumed that he is right. At all events, a sheriff derives, under an attachment, no better right in the defendant’s property, than he would under afi. fa. How, then, would it stand, if these seizures had been upon executions, instead of attachments?
On that point, our opinion is, decidedly, that a sheriff, who, after seizing goods, leaves them on the…
2Cited by2 opinions
- Denson v. . SledgeSupreme Court of North Carolina · 1829
- Wilson v. . HensleySupreme Court of North Carolina · 1843