Doe Ex Dem. Arrington v. Sledge
Supreme Court of North Carolina
From Frank,¡D< Ejectment, in which both parties claimed under one Jeffries. The lessor of the Plaintiff produced a judgment in his favor against Jeffries, upon which an original writ offieri Jadas issued, tested, of the February term, 1820, of Nash County Court, which was returned, 41 stayed by the Plaintiff.” From the ensuing May term *.n alias writ issued, under which the land in question was sold to the lessor of the Plaintiff.
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From Frank,¡D< Ejectment, in which both parties claimed under one Jeffries. The lessor of the Plaintiff produced a judgment in his favor against Jeffries, upon which an original writ offieri Jadas issued, tested, of the February term, 1820, of Nash County Court, which was returned, 41 stayed by the Plaintiff.” From the ensuing May term *.n alias writ issued, under which the land in question was sold to the lessor of the Plaintiff. The Defendant offered in evidence a deed of bargain and sale for the same land, executed by Jeffries to him, dated between the February and May term, 1820, of the…
1Opinion of the Court
Ruffin, Judge.
The principle laid down by the Court below, is a very old one. It is considéred as thoroughly settled, that, as against the Defendant in the execution, and all claiming by his alienation, a fieri fa-cias binds from its teste. Without entering at large into the subject, it will be sufficient to refer to what was said by me on this point, in Palmer & Co. v. Clarke (ante, p. 356). Numerous cases also support the opinion, as to the relation of an alias duly issued.
Per Curiam. — Let the judgment of the Court below be affirmed.
2Cited by1 opinion
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