Legal Opinion

G. W. Reid and Jacob Allen v. . Wm. Spoon

Supreme Court of North Carolina

Decided January 5, 1872PublishedCited by 1 opinion

This was a civil action brought to recover the possession oí land, tried before His Honor, Judge Tourgee, at Spring Term, 1871, of Randolph Superior Court- Several points were made on the trial, but as the case is made to turn on one only, it is deemed unnecessary to state them.

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This was a civil action brought to recover the possession oí land, tried before His Honor, Judge Tourgee, at Spring Term, 1871, of Randolph Superior Court- Several points were made on the trial, but as the case is made to turn on one only, it is deemed unnecessary to state them. The plaintiffs on the trial, in support ot their title, offered in evidence the record of the judgment docket of the Superior Court, containing the transcript of a judgment of a Justice of the Peace, against the defendant William Spoon, that an execution had duly issued thereon, and thereunder the land had been sold…

1Opinion of the CourtBotdeN, J.

It has repeatedly ¡Peen decided by this Courty that a judgment rendered according to the course of the Court cannot be collaterally impeached. The plaintiffs showed a regular judgment taken before a Justice of the Peace, that the same or a transcript thereof, had been entered on the judgment docket of the \ Superior Court. A regular execution thereon, issued, and a sale and Sheriff’s deed. This constituted a part, of plaintiff’s alleged chain of title, but His Honor rejected this evidence on the ground that the true party in' interest, in the note sued upon, before the justice was’.not made a…

2Cited by1 opinion

  1. Moore v. . EdwardsSupreme Court of North Carolina · 1885

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