Loudermilk v. . Corpening
Supreme Court of North Carolina
This is a civil action, which was tried before Merrimon, J., at Spring Term, 1888, of Burkk Superior Court. This is an action to recover the land specified in the complaint.
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This is a civil action, which was tried before Merrimon, J., at Spring Term, 1888, of Burkk Superior Court. This is an action to recover the land specified in the complaint. On the trial the plaintiffs put in evidence and relied upon a paper writing purporting to be a Sheriff’s deed founded upon a sale of the land in question under executions in his hands made on the 16th day of April, 1870. The Court intimated the opinion that upon the evidence the plaintiffs could not recover, whereupon they suffered a judgment of non-suit, and having excepted, appealed to this ■Court.
1Opinion of the CourtMerrimon, J.
(after stating the case.) Treating the Sheriff’s deed relied upon by the plaintiffs as evidence of title in them to the land in controversy as sufficient in form, we are of opinion that it was inoperative and void upon the ground,, that the sale of the Sheriff upon which it was founded was not a lawful one,-it having been made on a day other than a day prescribed by the statute prevailing at the time it was made on which the sale of real estate under execution might be made. The statute applicable then in force (Acts 1868-69, ch. 237, §8) prescribes that “ the sale (of 'all real property sold…
2Cases cited2 opinions
- Mayers v. . CarterSupreme Court of North Carolina · 1882
- Wortham v. . BasketSupreme Court of North Carolina · 1888
3Cited by4 opinions
- Jones v. RogersMississippi Supreme Court · 1904
- Bladen County v. . BreeceSupreme Court of North Carolina · 1938
- County of Johnston v. SmithSupreme Court of North Carolina · 1932
- Lowden v. GrahamSupreme Judicial Court of Maine · 1939