Collais v. . McLeod
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Cumberland County, at the Spring term, 184S, his Honor Judge Bailev presiding. This was an action of ejectment, in which the plaintiff claimed under a judgment, execution, venditioni ex-ponas, and sheriff’s sale, and sheriff’s deed. The judgment was for $40 20 — the venditioni exponas for that sum and interest.
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Appeal from the Superior Court of Law of Cumberland County, at the Spring term, 184S, his Honor Judge Bailev presiding. This was an action of ejectment, in which the plaintiff claimed under a judgment, execution, venditioni ex-ponas, and sheriff’s sale, and sheriff’s deed. The judgment was for $40 20 — the venditioni exponas for that sum and interest. The judgment and execution are in the name of Alexander Johnson, who was the sheriff of Cumberland; but it was .proven by the sheriff (his testimony being objected to by the defendant, but allowed by the Court,) that although the judgment was in…
1Opinion of the CourtBattle, J.
Two objections were taken to the recovery of the lessor of the plaintiff, on the trial of this case in the Court below. The first was, that the writ of execution, under which the lot of land in question was sold, did not correspond swith the judgment, and could not therefore he supported by it.- From the transcript of the record, it appears that Alexander Johnson recovered a judgment bearing date the 33d day of December, 1S40, against the defendant, Rebecca McLeod for the sum of forty dollars and twenty cents and costs, upon which an execution issued, which, for want of goods and chattels,…
2Cited by6 opinions
- City of Durham v. DavisSupreme Court of North Carolina · 1916
- Raleigh, Charlotte & Southern Railroad v. Mecklenburg Manufacturing Co.Supreme Court of North Carolina · 1914
- McNeill v. RailroadSupreme Court of North Carolina · 1905
- AnonymousSuperior Court of North Carolina · 1796
- Deloach v. . WorkeSupreme Court of North Carolina · 1824
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