Matlock v. . Gray
Supreme Court of North Carolina
From Rockingham. This was an action on the Case, brought by the sheriff of Rockingham county, against the defendants as administrators of one Solomon Parks. The cause was tried below before Paxtos, Judge, and the jury found a verdict for the plaintiff, subject to the opinion of the Court on the following case.
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From Rockingham. This was an action on the Case, brought by the sheriff of Rockingham county, against the defendants as administrators of one Solomon Parks. The cause was tried below before Paxtos, Judge, and the jury found a verdict for the plaintiff, subject to the opinion of the Court on the following case. The defendants had recovered a judgment in Randolph County Court against Samuel Hill, and William Hogan his security,, for $>9,796, on which judgment & fi.fa. issued to the plaintiff, who was sheriff °*' R°(;kingham, and he levied the same on property of Samuel Hill, sufficient to raise…
1Opinion of the Court
The arrangement which was referred to in the letter as having been agreed on was to this effect, that as Hill had gone to the south to raise money to satisfy the execution against himself and Hogan, the property might be purchased at the sale by Hogan without an actual advance of the money (in order to prevent a sacrifice), and the defendants were to indulge Hogan for the money.
Before the day of sale Hill returned and made a payment to Hogan of $7,000. Hogan then wrote to the plaintiff, informing him that he was authorized by Gray Harper to attend to the business relative to the execution,…
2Cited by1 opinion
- Cannon v. . McCapeSupreme Court of North Carolina · 1894