Threadgill v. . Redwine
Supreme Court of North Carolina
Civil ACTION, tried upon exceptions to a referee’s report, before MacRae, Judge, at Spring Term, 1886, of Stanly Superior Court.
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Civil ACTION, tried upon exceptions to a referee’s report, before MacRae, Judge, at Spring Term, 1886, of Stanly Superior Court. The plaintiff and defendant having conflicting claims of title to certain lands previously belonging to one D. A. Underwood — the plaintiff through a sheriff’s sale under execution — the defendant also through a coroner’s sale under fieri facias, and also a deed from the assignee of Underwood — entered into the following agreement: “ The said Threadgill, for the sum of $100 to him in hand paid, has sold by deed of bargain and sale to said Redwine, one half of his…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). Now, while the transfer under the deed of the sheriff of the plaintiff’s undivided moiety to the purchaser, could not and did not carry the plaintiff’s equities, and rights springing out of their mutual covenants, as the numerous authorities cited in the argument for the appellant show, Tally v. Reed, 74 N. C., 463; Love v. Smathers, 82 N. C., 369, and others, it is nevertheless true, that the estate passes, subject to and charged with the equities of the defendant attaching thereto, for such is the effect of a sale under execution, and it transmits…
2Cases cited4 opinions
- Love v. . SmathersSupreme Court of North Carolina · 1880
- Tally v. . ReedSupreme Court of North Carolina · 1876
- Lewis v. . McDowellSupreme Court of North Carolina · 1883
- Smith v. . Smith .Supreme Court of North Carolina · 1875
3Cited by2 opinions
- Huntington v. PerrinCalifornia Court of Appeal · 1923
- McPheeters v. WrightIndiana Supreme Court · 1890