Johnson v. . Sedberry
Supreme Court of North Carolina
Eeturn of the Sheriff of Cumberland County, asking instructions from the Court as to the application of a sum of money raised by virtue of sundry executions in his hands, brought before Buxton, J., at Spring Term, 1870, of the Superior Court of Cumberland County.
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Eeturn of the Sheriff of Cumberland County, asking instructions from the Court as to the application of a sum of money raised by virtue of sundry executions in his hands, brought before Buxton, J., at Spring Term, 1870, of the Superior Court of Cumberland County. It appeared that the money was raised out of the land of the same defendant, one T. J. Johnson, under executions in favor of the present plaintiff and the present defendants, B. E. Sedberry and Barrett, Stephens & Co. These parties had all obtained judgments against the said T. J. Johnson, at the' December Term, 1867, of the County…
1Opinion of the Court
Peaksoít, C. J.
At the last term, Mr. McKay put the case upon the ground that the judgments in the County Court had a lien on the land. We thought the position untenable. A short opinion was filed, and the order made, without any special reference to the fact that the judgment had been rendered in the County Court under the old system. The purpose of the petition to rehear, is to present the point that there is a distinction between judgments rendered under theoldsystem, and judgments rendered under theC. O.P.
The position now taken by Mr. McKay is this: By the Constitution, Art. 4, Sec. 25, it…
2Cases cited1 opinion
- State Ex Rel. Sumner v. YoungSupreme Court of North Carolina · 1871
3Cited by6 opinions
- Lord v. . BeardSupreme Court of North Carolina · 1878
- McKinney v. . StreetSupreme Court of North Carolina · 1914
- Bates v. . HinsdaleSupreme Court of North Carolina · 1871
- Ross v. AlexanderSupreme Court of North Carolina · 1871
- Cheek v. . WatsonSupreme Court of North Carolina · 1884
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