Den Ex Dem. Ingram v. Kirby
Supreme Court of North Carolina
Ejectment, tried at Anson on the last Circuit, before his Honor Judge Saunders. The lessor of the plaintiff claimed the land in dispute as a purchaser at a sheriff’s sale, and offered in evidence, first, ,the trial docket of Anson County Court, on which was found the following entry : “January Term, 1832. KirbyHenry Judgment, March 1831, $35 00 Robert Hildreath and A. Interest 50 Jilson B. Douglas, V Cost j 20 security, “Levied on 150 acres of land lying on the waters of…
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Ejectment, tried at Anson on the last Circuit, before his Honor Judge Saunders. The lessor of the plaintiff claimed the land in dispute as a purchaser at a sheriff’s sale, and offered in evidence, first, ,the trial docket of Anson County Court, on which was found the following entry : “January Term, 1832. KirbyHenry Judgment, March 1831, $35 00 Robert Hildreath and A. Interest 50 Jilson B. Douglas, V Cost j 20 security, “Levied on 150 acres of land lying on the waters of Pedee, adjoining George Ingram and others, as defendant’s property. Jas. Horn, Const. Order of sale.” He then introduced…
1Opinion of the Court
Danibu, Judge.
The act of assembly of 1794, (Rev. ch. 414, s. 19,) requires, that when a constable has levied on land, the justice shall return such execution with all other papers on which the judgment was given to the next court to be held for said county; which land, shall by order of said court be sold by the sheriff of the said county, or so much thereof as may be sufficient to satisfy such judgment, in the same manner as real property is sold by writs of fieri facias or venditioni exponas issuing from such courts; and the clerk of the court where such papers, are returned shall, in a…
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