Maynard v. Moore
Supreme Court of North Carolina
Omr. ACTION, to recover possession of i-eal estate, tried before iTourgee, J., at Fall Term, 1873, of Alamakcb Superior Court. 'The plaintiff claimed the land in dispute under a sheriff’s deed, and on the'trial showed a judgment against the defendant and in favor of one Jeremiah Holt, obtained at the December Term, 1861, of the late Court of Pleas and Quarter Sessions, for $150. He also showed a fi. fa. issued upon said judgment and returned by the sheriff’ of Alamance…
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Omr. ACTION, to recover possession of i-eal estate, tried before iTourgee, J., at Fall Term, 1873, of Alamakcb Superior Court. 'The plaintiff claimed the land in dispute under a sheriff’s deed, and on the'trial showed a judgment against the defendant and in favor of one Jeremiah Holt, obtained at the December Term, 1861, of the late Court of Pleas and Quarter Sessions, for $150. He also showed a fi. fa. issued upon said judgment and returned by the sheriff’ of Alamance county, levied upon the land in question, and also a venditioni exponas, issued to the sheriff, commanding him to sell the…
1Opinion of the CourtPeaRSON, C. J.
The deed of the sheriff, dated oth January, 1870, recites that the land was sold at public sale, on the 4th of September, 1869, when J. G. Moore became the last and highest bidder, at $250, “ who then and there assigned his bid *549to Robert Maynard,” the plaintiff, to whom the sherifi executes the deed on payment of the sum bid.
The defendant objected to the introduction of the deed as evidence, for the reason that upon the ven. ex. is the following endorsement, in pencil, “ $120,” and in ink, “ No sale for want of compliance.” His Honor held that the endorsement was immaterial and incompetent.
We…
2Cited by2 opinions
- Maynard v. . MooreSupreme Court of North Carolina · 1877
- Hockett v. AlstonCourt Of Appeals Of Indian Territory · 1900