Legal Opinion

Reiger v. . Davis

Supreme Court of North Carolina

Decided June 5, 1872PublishedCited by 27 opinions

Civil action tried before Clarke, J., at Spring Term, 1871, of Carteret Superior Court. The action was brought to recover possession of a lot in the town of Beaufort.

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Civil action tried before Clarke, J., at Spring Term, 1871, of Carteret Superior Court. The action was brought to recover possession of a lot in the town of Beaufort. Both parties claimed under Abigail Hill; the plaintiff under a judgment and execution against Abigail Hill and a sale by the sheriff in May, 1869 ; the defendant, Ward, under a purchase from the said Abigail Hill, prior to the teste of plaintiff’s execution, his deed bearing date November 1st. 1865. Plaintiff introduced the record of a judgment, at Pall Term, 1867, of Carteret Court against Abigail Hill and C. W. Hill, which was…

1Opinion of the CourtBoyden, J.

This was a civil action for the recovery of land, both parties claiming under Abigail Hill. The plaintiff, by a purchase at a sale of the Sheriff, under a judgment and execution against the said Abigail, and the defendants by a purchase made by Ward, under whom the defendant claims, previous to the test of the execution under which the plaintiff sets up title ; and the main question in the cause was as to the bona fides of the sale to Ward. This is quite a different case from the case of Satterthwaite v. Hicks, cited by plaintiff’s counsel. In this case the parties to the transaction were…

2Cases cited2 opinions

  1. Devries Co. v. . Phillips HaywoodSupreme Court of North Carolina · 1868
  2. Doe on the Dem. of Lassiter v. DavisSupreme Court of North Carolina · 1870

3Cited by27 opinions

  1. Withers v. . LaneSupreme Court of North Carolina · 1907
  2. State v. . HartSupreme Court of North Carolina · 1923
  3. Austin v. . StatenSupreme Court of North Carolina · 1900
  4. Helms v. . GreenSupreme Court of North Carolina · 1890
  5. Speed v. PerrySupreme Court of North Carolina · 1914

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