Den on Demise of Powell v. Baugham
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Northampton County, at the Fall Term, 1848, his Honor Judge Bailey presiding. Both parties claim title to the premises under Morris Baugham, who conveyed them to Jesse Blanchard, and he conveyed to the lessor of the plaintiff. On the part of the defendant, it was alleged, that the deed to Blanchard was made in fraud of Morris Baugham’s creditors, and the defendant set up a title under a sale and conveyance to him by the sheriff.
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Appeal from the Superior Court of Law of Northampton County, at the Fall Term, 1848, his Honor Judge Bailey presiding. Both parties claim title to the premises under Morris Baugham, who conveyed them to Jesse Blanchard, and he conveyed to the lessor of the plaintiff. On the part of the defendant, it was alleged, that the deed to Blanchard was made in fraud of Morris Baugham’s creditors, and the defendant set up a title under a sale and conveyance to him by the sheriff. In support of his title, the defendant gave in evidence the record of a judgment before a justice of the peace…
1Opinion of the CourtRuffin, C. J.
Under the Act of 1794, a venditioni ex-ponas was the only execution, that could be issued from the County Court upon a levy of a justice’s execution on land ; and that could only be had by the special order of the Court. If satisfaction was not obtained by the sale of the land, the plaintiff was obliged to proceed again before the justice of the peace. That was often a serious inconvenience, and to remedy it, the Act of 1822 was passed to require the Court, on the application of the plaintiff, to enter a judgment there for the debt and costs. It is then added, that, “if by the sale of the…
2Cited by3 opinions
- May v. Getty.Supreme Court of North Carolina · 1905
- Amyett v. . BackhouseSupreme Court of North Carolina · 1819
- Borden v. . SmithSupreme Court of North Carolina · 1838