Perry v. . Morris
Supreme Court of North Carolina
At the Spring Term, 1870, of the Superior Court for the County of Stokes, before his Honor, Judge Cloud, the Sheriff of that County had in his hands four executions in favor of Y. W. Perry against Shadrick Morris, and one in favor of S. Westmoreland, to. the use of Mary Moore and others, against the same man, and he made, a return in open Court, and prayed the advice of the.
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At the Spring Term, 1870, of the Superior Court for the County of Stokes, before his Honor, Judge Cloud, the Sheriff of that County had in his hands four executions in favor of Y. W. Perry against Shadrick Morris, and one in favor of S. Westmoreland, to. the use of Mary Moore and others, against the same man, and he made, a return in open Court, and prayed the advice of the. Court as. to'what application he should make of the money he raised on the executions, upon the following statement of facts: On the 27th day of Ocf., 1869, Y. W. Perry obtained eight judgments before a Justice of…
1Opinion of the CourtHick, J.
The fund in controversy was derived from the .sale of land under execution. The facts set out by the Sheriff in his return entitled him to ask the advice of the Court as to the distribution of the fund; and the instructions of his Honor were correct in law.
Previous to the adoption of the C. O. P. the rights of an execution creditor, when he was not guilty of laches, generally depended upon the teste of his execution. Under the C. O. P. a judgment creditor acquires a lien from the time when his judgment is docketed upon the real property of the debtor, situated in the County in which the…
2Cited by6 opinions
- Barnes v. . EastonSupreme Court of North Carolina · 1887
- Burton v. . Spiers and ClarkSupreme Court of North Carolina · 1885
- State Ex Rel. Titman v. RhyneSupreme Court of North Carolina · 1883
- Dougherty v. LoganSupreme Court of North Carolina · 1874
- Dougherty v. . LoganSupreme Court of North Carolina · 1874
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