Tremble v. Heirs of Jones
Supreme Court of North Carolina
1 j. From Hertford. J This was a scire facias against the heirs of James Jones, deceased, to subject the lands descended to the payment of the Plaintiff's judgment. The heirs appeared and pleaded to the scire facias, “ that all the lands which had descend- “ ed to them from James Jones, deceased, had been sold to 4i satisfy prior judgments, and that they then held no “ lands by descent from the said James Jones, deceased.” Upon this plea the Jury found for the heirs.
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1 j. From Hertford. J This was a scire facias against the heirs of James Jones, deceased, to subject the lands descended to the payment of the Plaintiff's judgment. The heirs appeared and pleaded to the scire facias, “ that all the lands which had descend- “ ed to them from James Jones, deceased, had been sold to 4i satisfy prior judgments, and that they then held no “ lands by descent from the said James Jones, deceased.” Upon this plea the Jury found for the heirs. Tremble, the Plaintiff, moved for a judgment andexecution, notwithstanding the finding of the Jury, upon the ground that the…
1Opinion of the CourtHall, Judge
At Common Law, if the heir was sued upon the obligation of his ancestor, in order to prevent a general judgment against himself, it was incumbent upon him to confess the action and shew the certainty of the land which he had by descent. If lie pleaded “nothing by descent,” orjudgmeut was given against him by default or by confession, or upon any other ground whatsoever, without confessing or shewing the certainty of assets, the Plaintiff was entitled to judgment against him, and execution might issue against his other lands, or his goods, or his body, as it might for his own debt in case he…
2Cited by2 opinions
- McNair v. . CooperSupreme Court of North Carolina · 1917
- Baker v. . WebbSuperior Court of North Carolina · 1794