Smith v. . Low
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Guilford county, at March Term, 1842, his Honor Judge Dick presiding. This was an action of ejectment.
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Appeal from the Superior Court of Law of Guilford county, at March Term, 1842, his Honor Judge Dick presiding. This was an action of ejectment. The plaintiff claimed title under a sheriff’s deed; and, in order to support his action, read in evidence two warrants against one Coley, and judgments thereon by a justicé of the peace, and executions thereon, dated 23d March, 1839. On the 3d of May, 1839, these executions were levied, and the' levy endorsed on the back of each as follows, viz: “For want of goods and chattels of the defendant, Julius Coley, I levied this execution on three tracts of…
1Opinion of the CourtRuffin, C. J.
For the reasons stated in the record, the court concurs in. opinion with his Honor, that there could be no alteration made in the constable’s -return.
But, in our judgment, it was error to reject the evidence offered by the plaintiff for the purpose of sustaining the levy of the constable and the sale by the sheriff, by shewing that the land was well -identified by the description therein' given. It has been stated by this court, Huggins v Ketch- um, 4 Dev. Rep. 414, that the return of the levy need not be in the very words of the act of 1794; though in this, as m other instances, it is safest…
2Cited by11 opinions
- Stewart v. . CarySupreme Court of North Carolina · 1941
- Norton v. . SmithSupreme Court of North Carolina · 1920
- Stewart v. CarySupreme Court of North Carolina · 1941
- Hurdle v. WhiteCourt of Appeals of North Carolina · 1977
- Maurice v. Hatterasman Motel Corp.Court of Appeals of North Carolina · 1978
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