Willard v. . Satchwell
Supreme Court of North Carolina
Civil aotioN, commenced in the court of a Justice of the Peace, and tried at the Pali Term, 1873, of the Superior Court of Beaueoet county, before his Honor, Moore, J. An execution had issued from the Supreme Court against the plaintiff in this action, Willard, and came regularly into the hands of the present defendant, who was sheriff of Beaufort county. The sheriff levied the same on the real estate of Willard, and advertised it for sale.
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Civil aotioN, commenced in the court of a Justice of the Peace, and tried at the Pali Term, 1873, of the Superior Court of Beaueoet county, before his Honor, Moore, J. An execution had issued from the Supreme Court against the plaintiff in this action, Willard, and came regularly into the hands of the present defendant, who was sheriff of Beaufort county. The sheriff levied the same on the real estate of Willard, and advertised it for sale. A short time before the sale Willard pays the judgment to the Clerk of the Supreme Court, who recalled the execution. The sheriff refused to return the…
1Opinion of the CourtBynum, J.
An execution was issued from the Supreme Court to the sheriff of Beaufort, and by him levied upon the land of Willard, the defendant in the execution. After the levy and shortly before the sale, the defendant in the execution paid the execution debt into the Clerk’s office, and thereupon the Clerk, as the case states, “ recalled” the execution. The sheriff threatened to sell unless the defendant would pay his commissions on the debt, which he did under protest, and brought this action to recover the sum thus paid.
The Clerk had no power to recall the execution, and the sheriff had the right to…
2Cited by2 opinions
- Dawson v. . GrafflinSupreme Court of North Carolina · 1881
- Kitchen v. WoodfinU.S. Circuit Court for the District of Western North Carolina · 1821