Atkin v. . Mooney
Supreme Court of North Carolina
Petition for a certiorari, brought up by an appeal from an order dismissing the petition j, made by Osborne, J., at Fall Term, 1864, of Rutherford Superior Court. The proceedings in.the courts below are sufficiently stated in the opinion.
1Opinion of the Court
Read®, J.
The defendant sued out an execution against the petitioner, in another proceeding between them, and whilst it was in the hands of the sheriff, the petitioner paid it off to him, and took a receipt in full, and the sheriff returned the execution ££ satisfied.” Subsequently, the sheriff obtained leave of the court to amend his return, which he did as follows: “ Received from the defendant [the present petitioner] Confederate money on the debt, which the plaintiff refuses to take, therefore the sale is not satisfied, and the same is returned, that an alias may issue to sell the land.”…
2Cited by2 opinions
- Governor Ex Rel. Pratt v. CarterSupreme Court of North Carolina · 1824
- Utley v. . YoungSupreme Court of North Carolina · 1873