Legal Opinion

Ormond v. . Faircloth

Supreme Court of North Carolina

Decided December 5, 1804PublishedCited by 2 opinions

This was an action of detinue for a negro to which the plaintiff deduced the following title : The negro was the property of William Faircloth, deceased, at his death, and carne to the hands of his administrator. Benjamin Sheppard obtained two judgments against the administrator, in the county court of Lenoir, upon which writs of Fi.

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This was an action of detinue for a negro to which the plaintiff deduced the following title : The negro was the property of William Faircloth, deceased, at his death, and carne to the hands of his administrator. Benjamin Sheppard obtained two judgments against the administrator, in the county court of Lenoir, upon which writs of Fi. Fa. were issued to the sheriff of Glasgow, and levied on the negro in question amongst others, of which lévy a return was made, and the sale of the property was stayed by consent of the plaintiff, After this levy a distribution was made, and the negro allotted to…

1Opinion of the Court

By the Court

—A sheriff cannot purchase property at his own sale; if he bids off property, the bidding is void ; nor can a sheriff sell, at private sale, property levied on by him, by virtue of an execution. The rule is therefore discharged.

2Cited by2 opinions

  1. AnonymousSuperior Court of North Carolina · 1791
  2. Ormond v. . FairclothSupreme Court of North Carolina · 1804

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