Long v. . Walker
Supreme Court of North Carolina
This was a civil action, tried at the May Term, 1889, of the Superior Court of Iredell County, before Brown, J. The plaintiff claimed under a Sheriff’s deed, executed September 5, 3887. The Sheriff sold by virtue of an execution issued on a judgment against the defendant, rendered on a cause of action cx contractu, that arose prior to the year 1867. But while the execution was in the hands of the Sheriff, the defendant Walker paid to the plaintiff, in the execution of the…
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This was a civil action, tried at the May Term, 1889, of the Superior Court of Iredell County, before Brown, J. The plaintiff claimed under a Sheriff’s deed, executed September 5, 3887. The Sheriff sold by virtue of an execution issued on a judgment against the defendant, rendered on a cause of action cx contractu, that arose prior to the year 1867. But while the execution was in the hands of the Sheriff, the defendant Walker paid to the plaintiff, in the execution of the principal and interest of the judgment, but no part of the costs, and took his receipt in form as follows : “Received of…
1Opinion of the Court
* Head-notes by AVERY, J. The plaintiff claimed under a Sheriff's deed, executed September 5, 1887. The Sheriff sold by virtue of an execution issued on a judgment against the defendant, rendered on a cause of action ex contractu, that arose prior to the year 1867. But while the execution was in the hands of the Sheriff, the defendant Walker paid to the plaintiff, in the execution of the principal and interest of the judgment, but no part of the costs, and took his receipt in form as follows:
"Received of W. A. Walker one hundred and forty-nine 82/100 dollars in full payment of the principal…
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