Woodley v. . Gilliam
Supreme Court of North Carolina
This was a civil action, tried before Watts, J., at Spring Term, 1872, of the Superior Court of Washington. Plaintiff declared for two tracts of land in possession of the defendant, and formerly the property of Charles Pettigrew.
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This was a civil action, tried before Watts, J., at Spring Term, 1872, of the Superior Court of Washington. Plaintiff declared for two tracts of land in possession of the defendant, and formerly the property of Charles Pettigrew. At February Term, 1869, plaintiff obtained judgment in Tyrrell Superior Court against Charles Pettigrew, and took a transcript of said judgment, and docketed it in Washington County, February, 5th, 1869. Upon this judgment execution was issued to the Sheriff of Washington -County, who sold said land on the 1st day of May, 1869. At Fall Term, 1868, of the Circuit…
1Opinion of the CourtEodman, J.
By the Act of Congress of the 29th September, 1789, 1 Stat., 93 (Brightly Big. U. S. Stat. 793, note, b.) it was enacted that the forms of writs and executions from the Courts of the United States should be the same as were then used or allowed in the Courts of the States respectively. This provision was continued by the Act of 1792,1 Stat. 275, 5, 2. (Brightly, ubi sup.)
Upon these Acts it has been held, that executions from a Court of the United States have not the form only, but also the force and effect of a similar execution from a Court of the State. Koning v. Bayard, 2 Paine, C. C. R.…
2Cases cited2 opinions
- Bank of the United States v. HalsteadSupreme Court of the United States · 1825
- Coughlan, Randall and Forsythe v. . White, SheriffSupreme Court of North Carolina · 1872
3Cited by8 opinions
- Weir v. . WeirSupreme Court of North Carolina · 1928
- Burton v. . Spiers and ClarkSupreme Court of North Carolina · 1885
- Hooker v. . NicholsSupreme Court of North Carolina · 1895
- Cowles v. . CoffeySupreme Court of North Carolina · 1883
- McArtan v. . McLauchlinSupreme Court of North Carolina · 1883
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