Den on Demise of Barrow v. Arrenton
Supreme Court of North Carolina
This was an. action of ejectment, brought to the Fall Term, 1839, of Perquimons Superior Court of Law, and tried at Fall Term, 1840, before-Battle, Judge.
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This was an. action of ejectment, brought to the Fall Term, 1839, of Perquimons Superior Court of Law, and tried at Fall Term, 1840, before-Battle, Judge. The following is the case made up by the Judge: The lessor of the plaintiff, after proving the defendant to be in possession of the premises described in the declaration, produced in evidence the deed of the sheriff to him for lots No. 2 and 3, the premises in question; then two judgments against one William Arrenton’s administrator, with a finding of fully administered in favor of the administrator; an order for scire facias to issue…
1Opinion of the Court
Gaston, Judge.
It was necessary for the plaintiff’s lessor, in order to establish a title to the land in controversy, to shew that under his purchase at Sheriff’s sale he had acquired the interest therein which had descended from William Arrenton to his heirs at law. According to the settled law of this State, the Sheriff’s sale did not transfer that estate, unless there was a judgment, or order of court, warranting the execution under which the land was sold.
The abstract from the records, in relation to the supposed judgment and the proceedings upon it, is not as full as we could desire.…
2Cited by2 opinions
- Weston v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1915
- Weston v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1915