Harrison v. . Battle
Supreme Court of North Carolina
From Franklin. The Plaintiff alleged, that he was the surety of the ^Defendant Hunt, in a note for about g2,600, discounted aljthe Bank of Newbern $ that Hunt being in failing circumstances, the Plaintiff had procured an action to be brought by the bank, in which judgment was recovered by the Plaintiffs at Law, at September Term, 1828, of the County Court of Franklin.
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From Franklin. The Plaintiff alleged, that he was the surety of the ^Defendant Hunt, in a note for about g2,600, discounted aljthe Bank of Newbern $ that Hunt being in failing circumstances, the Plaintiff had procured an action to be brought by the bank, in which judgment was recovered by the Plaintiffs at Law, at September Term, 1828, of the County Court of Franklin. That pending the action, viz : on the 6th of September, 1828, the Defendant Hunt had conveyed to the Defendant Battle, all his property, which could be seized under an execution, in trust to pay certain debts due by him, Hunt,…
1Opinion of the Court
Henderson, Chief-Justice.
— The, fieri facias of’ the Newbern Bank, to whose rights Harrison is substituted formed no lien, independent of our act of 1812, (Reo. c. 830) on Hunt’s interest in the property conveyed in trust to Battle, neither this property itself, nor the trust resulting to Hunt being the land, tenements, goods or chattels of Hunt, As therefore if could not be levied on, or sold by the common law', to satisfy the execution, no lien arose by its issuing, or what the Sheriff calls its levy,, For as the lien arises, or is created, as a mean to the end, it would be in vain for the…
2Cited by9 opinions
- In Re Foreclosure of a Deed of Trust Executed by LucksSupreme Court of North Carolina · 2016
- Patrick v. . BeattySupreme Court of North Carolina · 1932
- Mayo v. StatonSupreme Court of North Carolina · 1905
- Dillard v. . WalkerSupreme Court of North Carolina · 1933
- Mayo v. . StatonSupreme Court of North Carolina · 1905
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