Matter of Harding
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Northampton county, at Fall Term, 1842, his Honor Judge Battle presiding. The following case was agreed upon by the parties.
Read the full summary
Appeal from the Superior Court of Law of Northampton county, at Fall Term, 1842, his Honor Judge Battle presiding. The following case was agreed upon by the parties. At March Term, 1842, of Northampton County Court, which was on the first Monday of March, a petition was filed at the instance of James W. Harding, Archelaus Tisdale and others, praying for a sale, in order to make partition of certain slaves held in common by the petitioners ; and it was then decreed by the court that a sale should be made upon a credit of six months, and the petitioner James W. was appointed commissioner to…
1Opinion of the CourtDaniel, J.
Cooper, in his petition to the Comity Court of Northampton, states, that he has a lien, by virtue of his execution from Nash, on Tisdale’s share of the slaves, that were ordered to be sold by the said court, as is stated in the case; and that the court should now order so much of the proceeds of the said sale, as belonged to Tisdale, to be applied to the satisfaction of his lien. Cooper, however, was no party to the petition for the sale of slaves for a division¡ nor was he a purchaser of them under the order of sale.— He had no title either in law or equity, but by force of his claim of lien…
2Cited by2 opinions
- Washburn v. WashburnSupreme Court of North Carolina · 1951
- Jordan v. . FaulknerSupreme Court of North Carolina · 1915