Baxter v. . Baxter
Supreme Court of North Carolina
InjunctioN heard at Eall Term, 1875, of Currituck Superior Court, before Eure, J. The defendant, as Sheriff of Currituck County, levied on certain articles of personal property belonging to the plaintiff.
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InjunctioN heard at Eall Term, 1875, of Currituck Superior Court, before Eure, J. The defendant, as Sheriff of Currituck County, levied on certain articles of personal property belonging to the plaintiff. Thereupon the plaintiff applied for, and obtained an order restraining the Sheriff from selling the same, on the ground that said articles had already been assigned to him, as his personal property exemption ; and that they were not present or in view of the Sheriff at the time of the alleged levy. From said order the defendant appealed.
1Opinion of the CourtEairgloth, J.
This action was brought to restrain the defendant, T. E. Baxter, as Sheriff, from selling under an execution certain personal property, which had been assigned to the plaintiff, J. W. Baxter, as his personal property exemption, which is still in his possession.
The argument before us referred to the sufficiency of certain levies made by the Sheriff, and to the effect of an order made in the Bankrupt Court. We do not enter into these questions, as we are of opinion that the plaintiff has no cause of action and therefore cannot maintain it, on the ground that his possession of said property has…
2Cited by6 opinions
- Arey v. LemonsSupreme Court of North Carolina · 1950
- Baxley v. LasterSupreme Court of Arkansas · 1907
- Kistler v. Weaver.Supreme Court of North Carolina · 1904
- Humphrey v. . Churchill, SheriffSupreme Court of North Carolina · 1940
- Driggs' Bank v. NorwoodSupreme Court of Arkansas · 1886
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