Legal Opinion

Hays v. . Hunt

Supreme Court of North Carolina

Decided October 5, 1881PublishedCited by 15 opinions

Civil Action, tried at Spring Term, 1881, of Wilkes Superior Court, before Seymour J. This is an action for the recovery of the possession of certain lands, sold by the sheriff of Wilkes county for taxes.

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Civil Action, tried at Spring Term, 1881, of Wilkes Superior Court, before Seymour J. This is an action for the recovery of the possession of certain lands, sold by the sheriff of Wilkes county for taxes. The lands had formerly belonged to the father of defendant, but after his death, his sons took the possession in 1864, claiming title under his will, This possession they continued to hold until 1869, when a deed was made by J. 0. Martin, one. of the sons, to the defendant D. A. Hunt, who was a daughter, and her two brothers Benj. P. Martin and Leland Martin, and since that time she has had…

1Opinion of the Court

RuffiN, J.,

after stating the case. Of the point's made by his Honor, we deem it only necessary to consider the last, as that is decisive of the case against the plaintiff.

The directions given in the statute, under which the sale was made,, in regard to the mode of proceeding to sell the lands of a delinquent tax-payer, are briefly as follows; If the party charged has no personalty, the sheriff shall levy on his lands, and shall return a list of the levy to the probate judge, who shall confirm the same by issuing execution as in cases of other judgments, and shall enter the same on his docket…

2Cited by15 opinions

  1. Price v. SlagleSupreme Court of North Carolina · 1925
  2. Fox v. . StaffordSupreme Court of North Carolina · 1884
  3. Greenleaf v. BartlettSupreme Court of North Carolina · 1908
  4. Price v. . SlagleSupreme Court of North Carolina · 1925
  5. Mayers v. . CarterSupreme Court of North Carolina · 1882

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