Walton v. . Jordan
Supreme Court of North Carolina
This was a civil action tried before his Honor, Judge Pool,, at the Spring Term, 1869, of the Superior Court, of Perquimans County. On the trial the facts proved were substantially as follows The defendant, Jordan, was in possession of a tract of land,, which in May, 1866, he conveyed by a deed in trust to the-plaintiff, and the crops growing on the land that year were-sold by Jordan and the proceeds applied under the plaintiff’s, direction to the purposes of the trust.
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This was a civil action tried before his Honor, Judge Pool,, at the Spring Term, 1869, of the Superior Court, of Perquimans County. On the trial the facts proved were substantially as follows The defendant, Jordan, was in possession of a tract of land,, which in May, 1866, he conveyed by a deed in trust to the-plaintiff, and the crops growing on the land that year were-sold by Jordan and the proceeds applied under the plaintiff’s, direction to the purposes of the trust. The same land was-let to tenants for the year 1867, who were to pay the rent in. kind to the plaintiff. In 1861, a judgment…
1Opinion of the CourtDick, J.
The sale made by the Sheriff in September,. 1867, only transferred to the purchaser such interest and estate in the land as the debtor had at the time of the levy of the original fi. fa.
The levy of they?, fa in 1861, created a lien in favor of the plaintiff in the execution, and gave the Sheriff authority to sell the land levied on.
The subsequent vend, expos, only continued the lien, and the authority which the Sheriff had acquired under the. original fi. fa. The lien was not a title, but only a charge upon the land, and the debtor had the right to sell the same, and the deed in trust made in…
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- State v. . GreenSupreme Court of North Carolina · 1888
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