Pemberton v. . McRae
Supreme Court of North Carolina
Civil ActiON for recovery of land, tried at Spring Term, 1876, of the Superior Court of Cumberland, before his Honor, Judge Buxton. The complaint describes the land as lying “ on the waters of Big Rockfish, Buffalo and Juniper creeks.
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Civil ActiON for recovery of land, tried at Spring Term, 1876, of the Superior Court of Cumberland, before his Honor, Judge Buxton. The complaint describes the land as lying “ on the waters of Big Rockfish, Buffalo and Juniper creeks. Beginning at a stake,” (with courses, &c.,) “ including two thousand acres known as the Gilchrist lands and the lands formerly owned .by Neill McCramey, and all the lands formerly owned by the said McRae within said boundaries, being about three thousand acres.” The plaintiff claimed under sheriff’s deed as purchaser at sale under execution against the…
1Opinion of the CourtByNum, J.
3. The levy is in these words: “ This day I. have levied on, as the property of John McRae, three thous- and acres of land, lying on the west side of - Big Rockfish,. joining McDiarmid and others, pine lands, to satisfy an execution in my hands.” Upon the authority of Wilson v. Twitty, 3 Hawks, 44, and Shaver v. Shoemaker, Phil. Eq., 327,. we think this is a sufficient levy, and that it covers all the Gilchrist land purchased by John McRae, exclusive of his home place. And such was the finding of the jury upon, the evidence. Designating the land as “three thousand acres ” was merely…
2Cases cited6 opinions
- Lambert v. . KinnerySupreme Court of North Carolina · 1876
- Blakely v. . PatrickSupreme Court of North Carolina · 1872
- McKeithan v. . TerrySupreme Court of North Carolina · 1870
- Grier v. RhyneSupreme Court of North Carolina · 1873
- Campbell v. FieldsTexas Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Reade v. . DurhamSupreme Court of North Carolina · 1917
- Reade v. City of DurhamSupreme Court of North Carolina · 1917
- Jones v. . RobinsonSupreme Court of North Carolina · 1878
- Voehringer v. . PollockSupreme Court of North Carolina · 1944
- Haskill v. . FreemanSupreme Court of North Carolina · 1864
3 more not listed; retrieve them via the Exa API.