Turpin v. . Kelly
Supreme Court of North Carolina
MotioN to issue execution heard on appeal at Chambers in Waynesville, Haywood county, on the 30th of July, 1881, before Gudger, J. This was an application to the clerk of the'superior court for Haywood county to issue a venditioni exponas to sell a lot of land which had been charged in a partition of lands in favor of a lot of less value for equality of partition.
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MotioN to issue execution heard on appeal at Chambers in Waynesville, Haywood county, on the 30th of July, 1881, before Gudger, J. This was an application to the clerk of the'superior court for Haywood county to issue a venditioni exponas to sell a lot of land which had been charged in a partition of lands in favor of a lot of less value for equality of partition. The clerk ordered the process to issue and the defendants appealed to the judge of the district, who heard the same by consent of counsel at chambers on the 30th day of July, 1881. The facts are such as were agreed upon on the trial…
1Opinion of the CourtAshe, J.
The defendants insist that they are not bound to pay the charge until the land on which the charge was made, comes into possession, and, that they are not chargeable with interest until the said land comes into possession. And they further insist that the order of his Honor was erroneous, in that he ordered a venditioni exponas to issue when there was only a general decree of confirmation, which they contend is hot a judgment.
We are not aware of any statute or principle of law which suspends the payment of a sum charged upon one lot in a partition in favor of another, until the lot upon which…
2Cited by5 opinions
- Crawford v. . CrawfordSupreme Court of North Carolina · 1939
- Herman v. . WattsSupreme Court of North Carolina · 1890
- Ex parte SmithSupreme Court of North Carolina · 1904
- Smith Ex ParteSupreme Court of North Carolina · 1904
- Weston v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1913