Harrison v. . Wood
Supreme Court of North Carolina
The plaintiff alleged, that in March, 1818, he purchased of one Oliver, a tract of land lying in Jones county: that he paid the purchase money, (eleven hundred dollars,) and took possession in January, 1819; and continued that possession until recently, when the defendant brought an ejectment for it, and recovered .judgment at the Fall Circuit of 1835, (1 Dev. & Bat.
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The plaintiff alleged, that in March, 1818, he purchased of one Oliver, a tract of land lying in Jones county: that he paid the purchase money, (eleven hundred dollars,) and took possession in January, 1819; and continued that possession until recently, when the defendant brought an ejectment for it, and recovered .judgment at the Fall Circuit of 1835, (1 Dev. & Bat. Rep. 356): that one John Philyan had died seized of the land : that judgments had been rendered against him in his lifetime, and for his debts after his death, against his widow and administratrix: that under these judgments,'the…
1Opinion of the Court
Ruffin, Chief Justice.
The court does not perceive a ground for a decree in favour of the plaintiff, upon his bill; much less for continuing the preliminary injunction granted to him. Upon the face of the bill, there is an admission that the legal estate' which descended to the defendant, was not divested by the sheriff’s sale, because the defendant had not been made a party to the proceedings at law, commenced against her ancestor. If then it be yielded that a creditor can file against the heir a bill in the courts of equity of this state, either on behalf of himself and the other creditors,…
2Cited by3 opinions
- Western Carolina Power Co. v. MosesSupreme Court of North Carolina · 1926
- Vannoy v. . GreenSupreme Court of North Carolina · 1934
- State v. ThompsonSupreme Court of North Carolina · 1902