Clifton v. Owens
Supreme Court of North Carolina
Civil action, beard by Whedbee, J., at June Term, 1915, of "WASHINGTON Superior Court, upon a case stated for his opinion, and the judgment of the court, in a controversy submitted without action under the statute. Plaintiff appealed.
Read the full summary
Civil action, beard by Whedbee, J., at June Term, 1915, of "WASHINGTON Superior Court, upon a case stated for his opinion, and the judgment of the court, in a controversy submitted without action under the statute. Plaintiff appealed. The facts are as follows: 1. On 9 February, 1915, A. L. Owens regularly obtained judgment against plaintiff "W. B. Clifton in the court of a justice of the peace in Washington County in the amount of $147.50, and said judgment was on said day properly docketed in the Superior Court. 2. On 24 March, 1915, said A. L. Owens, judgment creditor, caused an execution,…
1Opinion of the Court
Walker, J.,
after stating the case: The levy of the sheriff was not upon personalty, but upon land, as realty; so that if he could have levied upon it as personalty, he did not do so. In order for such a levy to be validly made, the personalty must be taken into the sheriff’s possession or placed under his control. Gilkey v. Dickerson, 10 N. C., 293; Tredwell v. Rascoe, 14 N. C., 50; Smith v. Spencer, 25 N. C., 256. As held in Barden v. McKinnie, 11 N. C., 279, the levy of a ft. fa. on chattels vests in the sheriff a special property which enables him to sell them, after the return day,-…
2Cases cited16 opinions
- Benbow v. . MooreSupreme Court of North Carolina · 1894
- Den Ex Dem. Ferebee v. ProcterSupreme Court of North Carolina · 1837
- Foster's AppealSupreme Court of Pennsylvania · 1874
- Dixon v. . DixonSupreme Court of North Carolina · 1879
- Paisley v. HolzshuCourt of Appeals of Maryland · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McIver v. . McKinneySupreme Court of North Carolina · 1922
- Scott v. JordanSupreme Court of North Carolina · 1952
- Broadhurst v. . MewbornSupreme Court of North Carolina · 1916
- Turner v. HineSupreme Court of Missouri · 1923
- Seagle v. . HarrisSupreme Court of North Carolina · 1938
8 more not listed; retrieve them via the Exa API.