Aaron Ladd v. . Jesse P. Adams
Supreme Court of North Carolina
This wits an appeal from the decision of His Honor, Judge Mitchell, on a case agreed, made at Spring Term 1871, of Wilkes Superior Court.
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This wits an appeal from the decision of His Honor, Judge Mitchell, on a case agreed, made at Spring Term 1871, of Wilkes Superior Court. The only facts necessary to a proper understanding ot the -opinion, are, that the plaintiff obtained a decree against the defendant in this Court, on the equity side, at June Term 1868, and caused an execution to be issued thereon, which bore tente, the second Monday in J une, 1868. Under this execution a levy was made on the land, for the recovery of which, this action was brought ou the 2d day of August, 18G8, and a sale was, thereafter duly effected…
1Opinion of the CourtBeads, J.
In the learned brief of the plaintiff’s counsel, it is laid down, that an “execution creates a lien on land from its teste” And that this is sustained by a train of decisions, acted on in practice for seventy years, both by lawyers and laymen, and that a contrary decision now, would unsettle titles and produce inextricable confusion and endless litigation. We would hesitate long, to make a decision which would produce such effects, even if there were legislation or other considerations, leading us strongly, in that direction. But there is nothing in this 'case, which puts any such stress,…
2Cited by4 opinions
- Newberry v. Davison Chemical Co.Court of Appeals for the Fourth Circuit · 1933
- Ladd v. . ByrdSupreme Court of North Carolina · 1893
- Garrett v. . ChesireSupreme Court of North Carolina · 1873
- Watkins v. . OverbySupreme Court of North Carolina · 1880