Benners v. . Rhinehart
Supreme Court of North Carolina
This was a civil action, tried at Fall Term, 1890, of Haywood Superior Court, before Philips, J., brought for the possession of an interest in a lot of land. The plaintiffs obtained and docketed a judgment in 1878 against one Love, his homestead having been laid off in 1875, and the lot in question being a part of the excess above it. In 1886 he conveyed by deed his interest therein to the defendant.
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This was a civil action, tried at Fall Term, 1890, of Haywood Superior Court, before Philips, J., brought for the possession of an interest in a lot of land. The plaintiffs obtained and docketed a judgment in 1878 against one Love, his homestead having been laid off in 1875, and the lot in question being a part of the excess above it. In 1886 he conveyed by deed his interest therein to the defendant. Execution was issued on the 6th of June, 1887, the judgment having been kept alive by previous executions, and the execution debtor died on the 7th of June, 1887. The Court adjudged the sale to…
1Opinion of the Court
Shepherd, J.:
The execution under which the defendant purchased was issued before the death of the judgment debtor. The sale was made before the return day of the writ and after the death of the said debtor.
Did the purchaser acquire a valid title? We were not favored with an argument in support of the ruling of his Honor, nor have we been able to find anything in our statute law which conflicts with the decisions of this Court and other authorities sustaining the title of a purchaser under such circumstances.
In Aycock v. Harrison, 65 N. C., 8, Reade, J., speaking for the Court, says: “ Where…
2Cases cited3 opinions
- Aycock Ex Rel. Isler v. HarrisonSupreme Court of North Carolina · 1871
- Grant v. . HughesSupreme Court of North Carolina · 1880
- Halso Ex Rel. Halso v. ColeSupreme Court of North Carolina · 1880