Den on Demise of Ward v. Saunders
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Davidson County, at the Spring Term, 1846, his Honor 'Judge Settle presiding. v This was an action of ejectment for a tract of land, which both parties claimed under Isham Doby; the lessor of the plaintiff under a deed from Doby to him, bearing date the 23d of April 1840; and the defendant, under a purchase at a sale under execution against Doby, and a sheriff’s deed the 2d of November 1841, as hereafter mentioned. • The defendant…
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Appeal from the Superior Court of Law of Davidson County, at the Spring Term, 1846, his Honor 'Judge Settle presiding. v This was an action of ejectment for a tract of land, which both parties claimed under Isham Doby; the lessor of the plaintiff under a deed from Doby to him, bearing date the 23d of April 1840; and the defendant, under a purchase at a sale under execution against Doby, and a sheriff’s deed the 2d of November 1841, as hereafter mentioned. • The defendant alleged, that the conveyance to the lessor of the plaintiff, (who was the brother-in-law of Doby and did not appear to have…
1Opinion of the CourtRuffin, C. J.
That no further evidence of the service of notice, as required by the statute, Rev. St. c. 45, s. 19, is requisite, besides that contained in the record itself, was decided in Burke v. Elliott, 4 Ired. 355, which disposes of the last exception.
Upon the other objection, as to the sufficiency of the return of the levy, the cases of Smith v. Low, 2 Ired. 457, and Blanchard v. Blanchard, 3 Ired. 105, are in point to sustain the opinion given by his Honor. It was held in those cases, that the construction of the aet did not imperatively require, that it should be literally followed, provided it…
2Cited by4 opinions
- Perry v. . ScottSupreme Court of North Carolina · 1891
- Gill v. . PorterSupreme Court of North Carolina · 1918
- Bank v. Levy.Supreme Court of North Carolina · 1905
- Hodges v. . SpicerSupreme Court of North Carolina · 1878