Rowland Hardware & Supply Co. v. Lewis
Supreme Court of North Carolina
Civil actioN, tried before Winston, and a jury, at November Term, 1916, of RobesoN. The .action was brought by plaintiff against R. E. Lewis, sheriff of Robeson County, C. T. Pate & Co. and C. T. Pate, to recover the $725, the amount bid by O. T. Pate, acting for the firm of 0. T. Pate & Co., of which he was a member, at a sale under the execution hereinafter described.
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Civil actioN, tried before Winston, and a jury, at November Term, 1916, of RobesoN. The .action was brought by plaintiff against R. E. Lewis, sheriff of Robeson County, C. T. Pate & Co. and C. T. Pate, to recover the $725, the amount bid by O. T. Pate, acting for the firm of 0. T. Pate & Co., of which he was a member, at a sale under the execution hereinafter described. The material and undisputed facts are as follows: 1. Plaintiff obtained a judgment against one R. T. Gaitley, who was and is insolvent, for $1,302. 2. Execution was issued upon this judgment and levied upon personal property,…
1Opinion of the Court
Walker, J.,
after stating tbe case: At common law no property but tbat to which tbe debtor has a legal title is liable to be taken under execution against him, and where tbis rule has not been changed by statute, an equity of redemption in chattels subject to a mortgage cannot be levied upon and sold by creditors of tbe mortgagor under execution. Tbis is tbe prevailing rule, and is applied rigorously where tbe debt secured by -the mortgage is past due and tbe mortgagee has tbe right of possession, which is tbe case here. 17 Cyc., 961, and Freeman on Executions, secs. 116 and 117, where tbe…
2Cases cited31 opinions
- Boddie v. BondSupreme Court of North Carolina · 1911
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Bowen v. KingSupreme Court of North Carolina · 1907
- Van Ness v. HyattSupreme Court of the United States · 1839
- W. S. Mason v. . Alfred WilliamsSupreme Court of North Carolina · 1872
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