Den Ex Dem. Testerman v. Poe
Supreme Court of North Carolina
This was an action of ejectment for a tract of land, tried at Ashe, on the last Circuit, before his Honor Judge Dick. The lessors of the plaintiff, and the defendant, both claimed under executions against one Morrice Baker.
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This was an action of ejectment for a tract of land, tried at Ashe, on the last Circuit, before his Honor Judge Dick. The lessors of the plaintiff, and the defendant, both claimed under executions against one Morrice Baker. The lessors of the plaintiff in support of their title, produced a judgment regularly obtained at the August Term of the County Court of Ashe, 1828, and an execution issued thereon, under which the sheriff levied upon and sold the land in question, on the 10th November, 1828, to one Absalam Bowers, for the sum of ninety dollars, and the sheriff afterwards, on the 17th of…
1Opinion of the Court
Ruffin, Chief Justice.
We think that there is no error in the instructions to the jury, of which the defendant has the least cause to complain.
That lands bid off at a sale upon execution by one person, may be conveyed by the sheriff to another, by the direction of the purchaser, was held in Smith v. Kelly, 3 Murph. 507; and in Shamburger v. Kennedy, 1 Dev. 1. Whether the direction be by writing or parol does not concern the defendant in the execution, or those claiming under him. It is a question between the sheriff and his bargainee on the one hand, and the first purchaser on the other. The…
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