Dudley v. . Cole
Supreme Court of North Carolina
On the 1st day of June, 1824, William Orme, in the name of John Simmons, to the use of Orme, sued out a warrant against Morris Ward, for the sum of one hundred dollars, due by note; on which judgment was rendered by Daniel Smith, a justice of the peace, on the 5th day of that month, for the sum demanded, and costs.
Read the full summary
On the 1st day of June, 1824, William Orme, in the name of John Simmons, to the use of Orme, sued out a warrant against Morris Ward, for the sum of one hundred dollars, due by note; on which judgment was rendered by Daniel Smith, a justice of the peace, on the 5th day of that month, for the sum demanded, and costs. On the 28th day of March, 1825, Orme sued out b. fieri facias thereon from another justice of the peace, and caused it to be levied, on the 1st day of June, on a tract of land belonging toWard, and returned to Jones County Court, and there obtained an order of sale; and on the 12th…
1Opinion of the Court
Rotfin, Chief Justice,
after stating the case as above, proceeded as follows: — It may be remarked in the outset, that this case is clear of every thing that could be said in favour of a third person, who might have become the purchaser under the execution, in the name of Simmons, against Orme, who instituted that suit, and claimed the benefit of the judgment, and was himself the purchaser. The relief we think is clear; the only doubt being, whether it ought not to be by an immediate reconveyance, notwithstanding the small sum applied to the costs of the other case. That the sale under Orme’s…
2Cited by3 opinions
- Lynch v. JohnsonSupreme Court of North Carolina · 1916
- Taylor v. . WoodSuperior Court of North Carolina · 1804
- Thorne v. . WilliamsSupreme Court of North Carolina · 1814