Martin v. . Hughes
Supreme Court of North Carolina
This was a civil action, tried before Tourgee, Jat Spring Term of Orange Superior Court, to recover from the defendant, tbe Sheriff of Orange County, tbe penalty of $100 for not selling certain lands, the.property of William W. Allison.
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This was a civil action, tried before Tourgee, Jat Spring Term of Orange Superior Court, to recover from the defendant, tbe Sheriff of Orange County, tbe penalty of $100 for not selling certain lands, the.property of William W. Allison. The facts stated in the complaint and admitted in the answer of tbe defendant appear to be as follows : At Spring Term, 1867, of Person Superior Court, plaintiff' obtained a judgment against John J. Allison and William W. Allison for the sum of $400, with interest from May 1st 1862. This judgment was properly docketed in Orange County in January 1870, and…
1Opinion of the CourtRodman, J.
This is an action to recover from a sheriff the penalty of $100 for not selling certain lands, the property of William W. Allison. The plaintiff in 1867, recovered judgment against Alliso'u upon a debt contracted in 1862, and having duly docketed his judgment issued a fieri faoias to the sheriff, with special instructions to levy on and sell the land called Piney Woods. The sheriff'levied but did not sell. Afterwards a ven. ex. was duly issued with instructions to sell, but the sheriff refused to sell, and returned that the land was claimed by Allison as a part of his homestead. It appears…
2Cases cited1 opinion
- Hill v. . KesslerSupreme Court of North Carolina · 1869
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