Islay v. Stewart
Supreme Court of North Carolina
This was an action of assumpsit, brought to recover the price of a quantity of corn sold and delivered, to which the defendant pleaded the general issue.
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This was an action of assumpsit, brought to recover the price of a quantity of corn sold and delivered, to which the defendant pleaded the general issue. Upon the trial at Guilford on the last circuit before his Honor Judge Pearson, it appeared in evidence that the plaintiff as constable, had, under certain executions against the goods of one Car-mack, levied on his’share in a quantity of corn, of which one undivided third part belonged to the defendant, and the other two Undivided third parts, were supposed to be the properly of Carmack. At the day of sale the defendant appeared, claimed the…
1Opinion of the Court
Gaston, Judge,
after stating the case as above proceeded : We do not perceive any error in the rejection of the testimony offered, or in the instructions given. Considering the sale as an ordinary execution sale, there was no warranty of title express or implied. The purchaser at such a sale buys the interest of the defendant in execution, and cannot object, when the price is demanded, that the goods bought belonged to himself or to a third person. Regarding the sale as it probably was, the sale of a trustee mutually appointed by the contending claimants of the property, the validity of their…
2Cited by2 opinions
- Doubleday v. Asheville Ice & Coal Co.Supreme Court of North Carolina · 1898
- McCandless v. Du RoiHawaii Supreme Court · 1915