Judge v. . Houston
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Duplin County, at the Fall Term 1850, his Honor Judge Ellis presiding. This was an action of ejectment. The plaintiff declared for three tracts of land, but abandoned his claim for one tract No. 3. He claimed title to the said lands as purchaser at Sheriff’s sale, under execution a•gainst the defendant.
Read the full summary
Appeal from the Superior Court of Law of Duplin County, at the Fall Term 1850, his Honor Judge Ellis presiding. This was an action of ejectment. The plaintiff declared for three tracts of land, but abandoned his claim for one tract No. 3. He claimed title to the said lands as purchaser at Sheriff’s sale, under execution a•gainst the defendant. To prove title in his lessor, he offered a deed of bargain and sale from the Sheriff of Duplin county, purporting to-convey the premises in question, which re* cited, that the said land had been sold under a jifa, running against the property of the…
1Opinion of the CourtPearson, J.
The lessor was a purchaser at sheriff’s sale under a fi.fa. in favor of one Pearsall against the defendant. It was proved that the defendant was living on th© land at the time of the sale, had been living on it for several years before, and was still living on it.
The defendant offered to prove, that his two sisters had the possession, at the time of the service of the notice, they being entitled to a life estate, and that he was living with them merely as their guest, without in fact having the possession, or any title, except the reversion. This evidence was rejected, and the defendant…
2Cited by3 opinions
- Perry v. . ScottSupreme Court of North Carolina · 1891
- Doe on Demise of Sinclair v. WorthySupreme Court of North Carolina · 1863
- Ferguson v. . WrightSupreme Court of North Carolina · 1894