Doe on Dem. of Rouche v. WilLiamson
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Rowan County, at Fall Term, 1842, his Honor Judge Nash presiding. It was an action of ejectment, to which the defendent pleaded not guilty. Both the lessors of the plaintiff and the defendant claimed under one Samuel Fraley.
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Appeal from the Superior Court of Law of Rowan County, at Fall Term, 1842, his Honor Judge Nash presiding. It was an action of ejectment, to which the defendent pleaded not guilty. Both the lessors of the plaintiff and the defendant claimed under one Samuel Fraley. The case was, that two several judgments were obtained against the said Fraley, at the April Term, 1841, of Rowan Superior Court, that executions issued bearing teste, of the same term, which were by the sheriff levied on the premises in controversy, and at a public sale made in pursuance of these levies the lessors of the…
1Opinion of the CourtGaston, J.
The lessors of the plaintiff set up title to the premises in dispute, as purchasers at a judicial sale. The Sheriff sold, by virtue of two writs of fieri facias, against the property of Samuel Fraley, the owner oí the premises, and to the validity and regularity of one of these writs, objection has been taken. It is unnecessary, therefore, to examine the objection made to the other.
The lessors were both natives of the kingdom of France, and, at the time of their purchase, and at the date of the Sheriff’s conveyance to them, neither had been naturalized. Rut one of them, (John Rouche,) had,…
2Cases cited2 opinions
- Fairfax's v. Hunter's LesseeSupreme Court of the United States · 1813
- Bradstreet v. Supervisors of OneidaNew York Supreme Court · 1835
3Cited by3 opinions
- Johnson v. Eversole Lumber Co.Supreme Court of North Carolina · 1907
- Caparell v. GoodbodyNew Jersey Court of Chancery · 1942
- Barges v. . HoggSuperior Court of North Carolina · 1797