Rutherford v. . Raburn
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Buncombe County, at the Spring Term 1849, his Honor Judge Bailey presiding. This action was tried in April 1849, and the lessor of the plaintiff claimed title, as a purchaser under ajudg* ment and fieri facias against Hodge Raburn.
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Appeal from the Superior Court of Law of Buncombe County, at the Spring Term 1849, his Honor Judge Bailey presiding. This action was tried in April 1849, and the lessor of the plaintiff claimed title, as a purchaser under ajudg* ment and fieri facias against Hodge Raburn. A tran. script of the record was given in evidence, and it appeared therein, that an action of debt was brought by Philip Lester, Josiah Kilgore and William Bates, on a bond given by Hodge Raburn to a firm called, “Lester, Kilgore and Bates,” and that judgment was recovered for $306 28 principal money, and $48 13 damages for…
1Opinion of the CourtRuffin, C. J.
Until the case of Hamilton v. Adams, 2 Murph. 161, it was understood, that the law here was the same as in England, and that the execution not only justified the sheriff, but that the purchaser under it need shew, nothing more, as against the defendant himself, or one coming in after the lien of the execution attached. Lake v. Billers,, 1 Ld. Raymond, 753. Dobson v. Murphey, 1 Dev. & Bat. 591. It was a rule of convenience, and also of policy, for the safety of purchasers, and thereby to induce a confidence in bidding and buying, at a fair price. But in the case first mentioned, it was held,…
Also in this document: Per curiam.
2Cases cited2 opinions
- Jackson ex dem. Ten Eyck v. WalkerNew York Supreme Court · 1830
- Swan v. Saddlemire & WoodNew York Supreme Court · 1832
3Cited by6 opinions
- Person v. . RobertsSupreme Court of North Carolina · 1912
- Marshburn v. . LashlieSupreme Court of North Carolina · 1898
- Farley v. . LeaSupreme Court of North Carolina · 1838
- Wainwright v. Bobbitt.Supreme Court of North Carolina · 1900
- Wainwright v. Bobbitt.Supreme Court of North Carolina · 1900
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