Alsop v. . Moseley
Supreme Court of North Carolina
Judgment Lien — Federal and State Practice. This is a SPECIAL PROCEEDING, instituted before the Clerk of the Superior Court of Halifax County, for license'to sell real estate to raise assets with which to pay the debts of the intestate James Moseley.
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Judgment Lien — Federal and State Practice. This is a SPECIAL PROCEEDING, instituted before the Clerk of the Superior Court of Halifax County, for license'to sell real estate to raise assets with which to pay the debts of the intestate James Moseley. Issues of law and fact having been raised by the pleadings, the cause was transferred to the civil issue docket, and tried before MacRae, J., at March Term, 1889. The question was: Whether certain judgments, recorded against the intestate in the Circuit Court of the United States for the Eastern District of North Carolina, and which had been…
1Opinion of the CourtSmith, C. J.
The plaintiff’s proceeding assumes that the judgment recovered in the Circuit Court of the United States created liens upon the land allotted as a homestead to the debtor, whose enforcement was suspended during the period of exemption, but now can be, because of its termination and exposure to the claims of the creditors. This is the sole proposition, denied in the ruling below, maintained.here in support of the appeal from that ruling.
If these judgments had been rendered in the State Superior Court, and docketed as directed by the statute (The Code, §435), the lien would have attached to the…
2Cases cited4 opinions
- Holman v. . MillerSupreme Court of North Carolina · 1889
- Woodley v. . GilliamSupreme Court of North Carolina · 1872
- Coughlan, Randall and Forsythe v. . White, SheriffSupreme Court of North Carolina · 1872
- Morton v. . BarberSupreme Court of North Carolina · 1884
3Cited by3 opinions
- Bernhardt v. BrownSupreme Court of North Carolina · 1898
- Charles S. Riley & Co. v. CarterSupreme Court of North Carolina · 1914
- Bernhardt v. . BrownSupreme Court of North Carolina · 1898