Sawyers v. . Sawyers
Supreme Court of North Carolina
Judgment Liens — Execution. This was a civil ACTION for the recovery of laud, tried before Graves, Judge, at August Term, 1885, of the Superior Court of Surry couuty. The plaintiff, claiming to be the owner, brings this action to recover possession of the tract of land described in his complaint, and as he alleges, wrongfully withheld by the defendant.
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Judgment Liens — Execution. This was a civil ACTION for the recovery of laud, tried before Graves, Judge, at August Term, 1885, of the Superior Court of Surry couuty. The plaintiff, claiming to be the owner, brings this action to recover possession of the tract of land described in his complaint, and as he alleges, wrongfully withheld by the defendant. The defendant made answer thereto, which she afterwards withdrew and was permitted to enter her demurrer. , ; The material facts set forth in the plaintiff’s complaint upon which the case was heard were: that on the 1st day of March, 1877, in a…
1Opinion of the Court
SMITH, C. J.,
(after stating the facts). The only question brought up by the appeal and requiring a response from this Court is, whether an execution issuing upon a judgment rendered by a justice of the peace, and docketed in the Superior Court, after the death of the debtor, but whose teste antedates the death, can confer upon the sheriff legal authority to sell and convey his real estate under the statutory lien.
The affirmative has been held in cases that have occurred under our former system, and the rule is enunciated by Reade, J., in Aycock v. Harrison, 65 N. C., 8, wherein the death took…
2Cases cited6 opinions
- Wood v. . MorehouseNew York Court of Appeals · 1871
- Murchison v. . WilliamsSupreme Court of North Carolina · 1874
- Wallace v. . SwintonNew York Court of Appeals · 1876
- Mauney v. . HolmesSupreme Court of North Carolina · 1882
- Aycock Ex Rel. Isler v. HarrisonSupreme Court of North Carolina · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Holman v. . MillerSupreme Court of North Carolina · 1889
- Bernhardt v. BrownSupreme Court of North Carolina · 1898
- Moore v. . JonesSupreme Court of North Carolina · 1946
- Southern Dairies, Inc. v. BanksCourt of Appeals for the Fourth Circuit · 1937
- Hobbs v. CashwellSupreme Court of North Carolina · 1910
13 more not listed; retrieve them via the Exa API.