Marshburn v. . Lashlie
Supreme Court of North Carolina
Civil ACTION to recover land, tried before Robinson, J., and a jury at October Term, 1897, of Waice Superior Court. The plaintiff claimed under a Sheriff’s deed following an execution sale of the land as the property of H. C. Lashlie. The plaintiff offered the deed in evidence, as also the execution, which was as follows: “Whereas, judgment was rendered on the 10th day of November, 1894, in the Superior Court of Wake County, in an action between B. Liles, Wm.
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Civil ACTION to recover land, tried before Robinson, J., and a jury at October Term, 1897, of Waice Superior Court. The plaintiff claimed under a Sheriff’s deed following an execution sale of the land as the property of H. C. Lashlie. The plaintiff offered the deed in evidence, as also the execution, which was as follows: “Whereas, judgment was rendered on the 10th day of November, 1894, in the Superior Court of Wake County, in an action between B. Liles, Wm. Watts et al, plaintiffs, and J. Rowan Rogers, John Upchurch, James Ennis, J. P. Sorrell, J. D. Pearce, Loftin Harrison, R. B. Ellis and…
1Opinion of the Court
Clark, J.:
The execution sufficiently conforms to -the judgment. The variance is technical and immaterial. Rutherford v. Raburn, 32 N. C., 144; Green v. Cole, 35 N. C., 425; Hinton v. Roach, 95 N. C., 106; Wilson v. Taylor, 98 N. C., 275; Code, Sections 448 and 1347.
A purchaser at a judicial or execution sale has a prima facie title, and a defendant in an action of ejectment, who seeks to avoid such title on the ground of homestead rights, must specifically plead the facts upon which the homestead right depends (Allison v. Snider, 118 N. C., 952; Fulton v. Roberts, 113 N. C., 421; Dickens v.…
2Cases cited16 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Crummen v. . BennetSupreme Court of North Carolina · 1873
- Burton v. . SpiersSupreme Court of North Carolina · 1882
- Arnold v. . EstisSupreme Court of North Carolina · 1885
- Rankin v. . ShawSupreme Court of North Carolina · 1886
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