Farrior v. . Houston
Supreme Court of North Carolina
Civil ACTION of Ejectment, tried before Philips, J., at November Term, 1887, of DupliN Superior Court. ■ When this cause was before the Court, upon the defendant’s appeal from a ruling, that under the pleadings, and upon an averment of title to the land in themselves, they could not be heard to controvert that of the plaintiff, by opposing evidence merely, the ruling was declared to be erroneous, the judgment reversed, and a new trial awarded; 95 N. C., 573. Upon the last…
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Civil ACTION of Ejectment, tried before Philips, J., at November Term, 1887, of DupliN Superior Court. ■ When this cause was before the Court, upon the defendant’s appeal from a ruling, that under the pleadings, and upon an averment of title to the land in themselves, they could not be heard to controvert that of the plaintiff, by opposing evidence merely, the ruling was declared to be erroneous, the judgment reversed, and a new trial awarded; 95 N. C., 573. Upon the last trial, the plaintiff, who claimed the property under one I. B. Kelly, exhibited in evidence an execution issued in the…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The only question presented is, whether the alleged imperfect description of the land in the levy invalidates the subsequent proceeding to sell, and renders the sale and Sheriff’s deed void.
There have been numerous cases in which defects were alleged to exist in a levy upon land made under an execution from a Justice of the Peace, the imperfect description of the land being held to be too vague to warrant further proceedings for a sale.
The necessity of a reasonable certainty in ascertaining and identifying it, grew out of the fact that the process, with…
2Cases cited3 opinions
- Miller v. . MillerSupreme Court of North Carolina · 1883
- McKee v. . LinebergerSupreme Court of North Carolina · 1882
- Surratt v. . CrawfordSupreme Court of North Carolina · 1882
3Cited by2 opinions
- Huggins v. . KetchumSupreme Court of North Carolina · 1838
- Delaware County Trust Co. v. Goldberg, Pennsylvania Court of Common Pleas, Delaware County1935