Cowen v. . Withrow
Supreme Court of North Carolina
Action for the recovery of land, tried before Armfield, J., and a jury, at Special Term, 1894, of Rutherford Superior Court. The plaintiff claimed under a Sheriff’s deed made in pursuance of a sale under execution on a judgment of a Justice of the Peace rendered on January 17, 1887, and docketed on January 18, 1888. There was a verdict for the plaintiff, and from the judgment thereon the defendants appealed.
1Opinion of the Court
Clabic, J.:
Judgment was obtained against T. J. With-row' before a Justice of the Peace on January 17, 1887, and docketed in the Superior Court on January 18, 1888. It was then dormant. The Code, §840, Rule 14. “ Its lost vitality could not be restored by a transfer to the docket of the Superior 'Court.” Smith, C. J., in Woodard v. Paxton, 101 N. C., 26, and Williams v. Williams, 85 N. C., 383. If the judgment, either of a Justice of the Peace or of the Superior Court, is docketed while an execution could be issued on it, a purchaser under an execution issued after it becomes dormant, but…
2Cases cited8 opinions
- McDonald v. . DicksonSupreme Court of North Carolina · 1881
- Lytle v. . LytleSupreme Court of North Carolina · 1886
- Smith on Demise of Kelly v. SpencerSupreme Court of North Carolina · 1842
- Williams v. . WilliamsSupreme Court of North Carolina · 1881
- Ripley v. . ArledgeSupreme Court of North Carolina · 1886
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3Cited by5 opinions
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- Southern Dairies, Inc. v. BanksCourt of Appeals for the Fourth Circuit · 1937
- Cowen v. . WithrowSupreme Court of North Carolina · 1895
- Lowdermilk v. . ButlerSupreme Court of North Carolina · 1921
- Cowen v. . WithrowSupreme Court of North Carolina · 1895